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Road Warrior Newsletter
 


 

March 15, 2018

Dear NJGCA Member:

Thank you for reading this week's NJGCA Road Warrior!

Here is what you will find in this edition:

EXECUTIVE DIRECTOR'S MESSAGE:
• NJGCA Hosts NJDEP Seminar: Reminder to RSVP; Mandatory Paid Sick Leave Update; 2018 Budget: Murphy's Plan for Sales Tax and Tobacco Products; Tauler Smith Demand Letter/Lawsuit Update; Complying With Wage and Hour Laws

NJGCA CLASSIFIEDS
- Monmouth County: Gas Station and Repair Shop Business Since 2001
- Asbury Park: Commercial Building for Sale. Possible Sale of Business
- Bergen County: Shell Gas Station with 6-Bay Repair Shop for Sale

NEWS AROUND THE STATE

• Murphy Administration Settles MTBE Pollution Case for $200 Million

EPA Chief Signals Showdown With California on Fuel Emission Standards

FDA Compliance Materials May Put Retailers at Risk
Kean Jr. Pushes for NJ Tax Write-Off for Charitable Contributions

TRAINING CLASS SCHEDULE!
• Section 8,9 & 10 Re-Certification Class, MONDAY, March 5th; TUESDAY, March 13th, THURSDAY, March 15th, & MONDAY, March 19th

MEMBER BENEFIT PARTNER MESSAGE BOARD
• The Amato Agency: Garage Insurance and Workers Compensation! 
• ATS Environmental: Confidence in your Tank & Compliance Testing

• Bellomo Fuel: Exceptional Service, Aggressive Petroleum Marketing
• CBIZ Insurance: Our Business is Growing Yours!

• Gill Energy: Getting you There!
• Lending Capital: "Commercial Loans Made Easy" Program
• Salomone Brothers: Tank Testing and Environmental Compliance
• TMP Energy Solutions: Another Way to Save On Your Energy Bills

POLITICAL PARTICIPATON: THE NJGCA PAC
• Participate in the NJGCA PAC today and help us keep our Agenda rolling in Trenton!

Energy Information Agency Weekly Retail Gasoline Prices

JOIN NJGCA ON FACEBOOK -- CLICK HERE
TO SEE OUR YOUTUBE CHANNEL -- CLICK HERE

                                                                                                                                       

EXECUTIVE DIRECTOR'S MESSAGE:

NJGCA HOSTS NJDEP SEMINAR: REMINDER TO RSVP ASAP
MANDATORY PAID SICK LEAVE UPDATE
2018 BUDGET: MURPHY’S PLAN FOR SALES TAX AND TOBACCO PRODUCTS
TAULER SMITH DEMAND LETTER/LAWSUIT UPDATE
COMPLYING WITH WAGE AND HOUR LAWS

Quick reminder, you all should be receiving our invitations to the seminar we are hosting with NJDEP. This event is extremely important. Far too often we see members unintentionally break the rules when it is much easier to comply and avoid penalties. It is nearly impossible to have penalties reduced once they have been issued, do not allow yourself to be put in this position! Sign up for this seminar ASAP to secure your seat at the event as it is first come first serve.  
 
You might recall our notification last week about the mandatory paid sick leave legislation (A-1827) that was being heard in the Assembly Labor Committee this past Monday. Here’s the breakdown of this particular bill: this version of paid sick leave that was introduced required every employee to be given one hour of paid leave for every hour worked. Employees would be able to save up to 72 hours per year; they would begin earning it on day one of their employment, but would have to wait at least 100 days to use it. Workers would be able to use the paid leave an hour at a time with no restrictions.
 
Just before the hearing started, the sponsor, Assemblywoman Pamela Lampitt (D-Camden) announced that she would be amending the bill to address some of the concerns of NJGCA and the business community. Here are her amendments: The number of hours an employee could store would be capped at 40. Employees would not be able to use the leave for at least 120 days after they start working. Employers can set “blackout” dates. On those days employees cannot use “foreseeable leave” (like a doctor’s appointment), and if they are sick for unforeseeable reasons they must provide documentation. Employers would also be able to set a minimum of leave an employee must use. For example, an employee with an eight hour shift who wants to only use two hours of leave could be required to take the entire day off in order to make it easier for a substitute to take the full shift. The amendments also ban local governments from setting their own paid leave policies, which are often worse for the employer than in this bill. (Several local governments like Jersey City have passed their own laws to require employers to provide paid sick leave)
 
These amendments make the bill better, though we still have serious concerns. Unless the employer has a pre-designated blackout date, the employer is not even allowed to ask for proof of illness unless the employee is missing for three consecutive days. There are also no special protections or exemptions for small employers, as we were hoping for. In New Brunswick, for example, employers with fewer than five employees are exempted completely. Sen. Loretta Weinberg (D-Bergen), the Senate sponsor, made some public comments suggesting these amendments went too far, and the bill is too favorable to employers. Unfortunately and as expected, the legislation passed the committee on a party line vote, all Democrats voted yes and all Republicans voted no.
 
Thanks to those of you who sent emails through our Voter Voice system to their legislators to voice your concerns. This bill has also been referenced to the Assembly Appropriations Committee and then must be voted on by the entire assembly (all 80 members). Then it will have to go through two committee hearings in the Senate and then be voted on by all 40 Senators. Can this move rapidly? I expect this process to play out over the next few months as the legislature will be focusing more heavily on budget issues.
 
Speaking of budget issues, our new Governor Phil Murphy gave his budget address to the legislature on Tuesday and also as expected, unveiled a list of new tax increases that he wants to implement. The most harmful to NJGCA members with convenience stores is going to be his effort to dramatically increase the taxes on tobacco and vaping products. I won’t give you a breakdown of those taxes right now as we are still investigating the details of how this will affect you. I can’t give you details because there seems to be some confusion around what he laid out in his speech, as opposed to what he noted in his printed budget and brief document. Until I know for sure I won’t report the details to you, but I can safely say these taxes are going up.
 
One increase that will affect everybody will be the sales tax which will be going back to seven percent. I’m not sure this will be as big a deal as it is across the board for all merchants on all products that are taxable. This only brings us back to where we were before Governor Christie lowered the rate when the gas tax was increased. There was no mention of any further increases in the gas tax, or worse, including gasoline in the seven percent sales tax, which as you all know will be a back breaker.
 
Here’s a quick update on the lawsuit you all have been reading about the last few weeks: NJGCA attorney Frank Brennan held a meeting here in our training room on Monday with all of the members involved in this lawsuit. Communications with the Tauler Smith law firm that sent the demand letters threatening a lawsuit have begun and we are now preparing for more communications to resolve this matter. It seems as if more retailers are receiving letters every day and we are learning that this is now happening in New York and other states. One detail that is extremely interesting to me are the number of dealers who have called NJGCA seeking our help in this matter who have either let their membership expire, or have  ignored ever becoming members. This is a good time to remind you all that I will keep my pledge to you to stick by the NJGCA Membership Fairness Doctrine that clearly states that assistance will not be given to ANY LOCATION THAT IS NOT A MEMBER OF NJGCA. Further, the Fairness Doctrine states that previous members cannot simply rejoin in order to gain our assistance. All previous dues must be paid before any assistance is given. This is what is fair to you, the loyal dues paying members who support NJGCA in order to keep us viable and in a position to give the assistance that is required in matters such as this. Having said that, if you know of locations that have received the demand letter and are threatened with this lawsuit, it is in their best interest to contact us immediately and have them speak to Michelle or send her an email at michelle@njgca.org. I’m sure I will be talking about this more in the future.
 
On a final note, I’m sure many of you will remember the badgering I have given in the last few years about properly complying with wage and hour laws. The Department of Labor has had a task force in New Jersey for the past five years, and although I am confident that NJGCA members are making every effort to comply, the task force continues to find employers that do not. Recently, the Department of Labor cited the owner of multiple gas stations with what seems to be egregious violations of improperly paying their employees. This is an example of what we hope to prevent by keeping you informed. You may remember that NJGCA has held several seminars for our members to teach you how to properly pay your employees and comply with the law. If you are reading this and you are still not clear, please call the office to speak with either myself, or Debbie Hill. We will be glad to assist. You can read about the gas station owner who is being penalized for improperly paying his employees here. This owner is actually a former NJGCA member who dropped his membership before NJGCA began sending out warnings and holding seminars with Department of Labor officials to help members comply with the law. As a non-member, he did not receive the weekly Road Warrior emails or the quarterly On The Road Newsletter with the “Ask DOL” column that appears in every issue. Membership in a strong trade association is one of the best investments you can make!

 
That's all for this week,
Sal Risalvato
Executive Director

 

                                                                                                                                     

TRAINING CLASSES!!

All classes held at NJGCA HQ -- 4900 Route 33 West, Wall Township, NJ 07753
ETEP Re- Certification Class: Sections 8,9 & 10
Section 8: Monday, March 5th
Section 9: Tuesday March 13th & Thursday March 15th
Section 10: Monday, March 19th
2:00 PM to 10:00 PM

Do you have an emission repair technician that needs re-certification? We are offering sections 8-10 classes this march! This four day class meets NJ DEP's requirements for re-certification. Member rate: $675 & Non-Member rate: $795 Call our office if you need more information. 
Click HERE for the registration form.

FUTURE CLASSES WILL BE ADDED UPON REQUEST AND ACCORDING TO DEMAND. CONTACT DEBBIE at 732-256-9646 or DEBBIE@NJGCA.ORG TO LET HER KNOW YOU ARE INTERESTED IN TAKING A SPECIFIC CLASS.  THIS WILL ALLOW US TO GAUGE YOUR NEEDS AND KEEP TRACK OF THOSE WISHING TO PARTICIPATE!!

                                                                                                                                 

 CLASSIFIEDS! -- FOR SALE & HELP WANTED ADS

FOR SALE:

Business For Sale: Monmouth County gas station and repair shop in business since 2001 is for sale. Owner is relocating out of state and is interested in selling business and equipment. Owner is open to limited financing. Business has a strong 10 year lease. The building has two repair bays and the gas pumps are leased to a large independent tenant. Repair shop business currently employs a Manager and two full-time Technicians. For inquiries and more info, please call Mark at 908-670-7798.
 

FOR SALE:
Commercial Building in Asbury Park, Possible Sale of Business, Too!  For listing information, please click HERE.
 
FOR SALE:
Shell Gas Station with 6-Bay Repair Shop for Sale in Bergen County!

Business established in 1980. Fully equipped repair shop with 5 lifts including an alignment rack with a 2-year-old Hunter Hawkeye alignment machine. New Hunter tire machine & wheel balancer. AAA aproved and very busy.
 
Towing business also available which includes 3 Freightliner/JerrDan flatbeds (2015, 2016 & 2017), a 2012 Dodge crew cab wrecker with a Jerrdan Quick Pick & dual cable winch & 2 service trucks (a 2012 GMC 2500 utility truck with a plow & a 2014 Ford transit battery/service vehicle).

Pumping over 1,000,000 gallons per year. 100x300 lot with plenty of parking. Excellent location!!! Call Jim @ 201-851-3084.

         
 

                                                                                                                                     

NEWS AROUND THE STATE: THE NEWS YOU SHOULD KNOW

3/13/18
Murphy Administration Settles MTBE Pollution Cases for $200 Million
The United States will overtake Russia as the world's biggest oil producer by 2019 at the latest, the International Energy Agency (IEA) said on Tuesday, as the country's shale oil boom continues to upend global markets. U.S. crude oil output rose above 10 million barrels per day (bpd) late last year for the first time since the 1970's, overtaking top oil exporter Saudi Arabia. The U.S. Energy Information Administration said early this month that U.S. output would exceed 11 million bpd by late 2018. That would take it past top producer Russia, which pumps just below that mark.

 
3/13/18
EPA Chief Signals Showdown With California on Fuel Emission Standards
The Trump administration’s chief environmental regulator signaled a coming showdown with California, warning the state won’t dictate the future of ambitious automobile fuel economy regulations enacted by the Obama administration. The EPA faces an April 1 deadline to decide whether Obama-era corporate average fuel economy standards for cars and light trucks from 2022 to 2025 are attainable or should be revised. President Donald Trump’s administration already ripped up the EPA’s conclusion that no changes are needed, issued by the agency during former President Barack Obama’s final weeks in the White House.
 
3/12/18
FDA Compliance Materials May Put Retailers at Risk
Retailers in certain states, such as New Jersey, and localities where the tobacco/e-vapor minimum-age state or local laws are 19 or 21 years old may be exposed to violations of state and FDA regulations if they use FDA’s free kit of “This is Our Watch” materials. These kits were first distributed in November 2017 and on an on-going basis. Informed retailers will have immediately recognized the problem of using FDA’s 18-year materials if 19 or 21 is their state or locality’s minimum age requirement. Others may incorrectly think the federal government’s 18-year materials focus overrules their state/locality’s higher minimum-age requirement while some may inadvertently just deploy the FDA materials without checking.

3/8/18
Kean Jr. Pushes for NJ Tax Write-Off for Charitable Contributions
Concerns are running high among nonprofit organizations that new federal tax policies could influence the flow of charitable contributions in New Jersey, and those fears may give lawmakers reason to take a new look at long-stalled legislation that would establish a state tax incentive for charitable giving. Senate Minority Leader Tom Kean Jr. (R-Union) recently reintroduced a bill that would permit New Jersey residents to deduct charitable contributions from their state income taxes, just as the federal government allows, if those donations are made to state-based charities. Many other states, including neighboring New York and Delaware, provide their residents with such a write-off, which Kean Jr. believes would encourage more donations while also easing pressure on government to provide services.
                                                                                                                                                                                          
MEMBER BENEFIT PARTNER MESSAGE BOARD:

 
      






TMP Energy Solutions
Another Way to Save on Your Energy Bills
We have had a number of NJGCA members successfully reduce their rate per kWh signing up through our energy saving program. We know it's difficult to collect 12 months worth of previous electric bills to get an "accurate" analysis when comparing a variable rate to a fixed rate, but we now have another option available. 
 
This new solution is a power purchase option; the other program is still in full force and has saved members thousands of dollars. If you sign up for the power purchase option, you will be grouped with other NJGCA members until the minimum kW demand is acquired. By pooling the member's usage together, you will be able to take advantage, as large energy users do, and receive a lower kWh rate.
 
Each member will receive their own contract. Each member is responsible to sign and return the agreement the day it is received in order to secure the price for their group. Please do your due diligence, so when you receive the proposal and the agreement you will be able to make an intelligent decision.
 
If by chance, you still want us to assess you bills, to give you a price to compare, we will require 12 months of your most recent utility bills. There are no bills required, but we would still like to have one bill per meter on file to check account #'s, meter #'s  service addresses and other pertinent information incase there is a problem.
 
The term of the agreement is for 12 months. During this term period, you will have price protection against any energy price increases along with a low fixed kWh rate.
 
If you are interested in becoming part of this power purchase option, please contact Greg Cannon at the NJGCA.
Remember when you sign up your energy through the NJGCA Energy Program, TMP makes a considerable donation to the NJGCA Scholarship Fund through their proceeds. This has no affect on your rate, and costs you nothing out of pocket.
 
We hope to help hundreds of NJGCA members reduce their utility costs by participating in this and our other cost reduction programs.  Our purpose, in the endeavor, is to help NJGCA members lower their energy costs while supporting the NJGCA Scholarship Fund. 
 
Contact GREG CANNON at 732-256-9646 or email Greg at greg@njgca.org. Mention that you are interested in saving money on your energy bills. NJGCA & TMP Energy Solutions will handle all the rest. 
                                                                                                                                                                        


POLITICAL PARTICIPATON: THE NJGCA PAC
DEFENDING OUR MEMBERS.
PROTECTING YOUR INTERESTS.
ANSWER THE CALL & CONTRIBUTE TODAY!!
Promoting our agenda in Trenton is of utmost importance to NJGCA and our members.

However, in order to truly affect the debate, we must ensure our friends in the Legislature are re-elected. It is for this reason that your Association has established the NJGCA PAC.

For too long, the weight of funding our Political Action Committee, the arm of the Association responsible for political donations, has rested upon a few. This is not only unfair to those few members who have shouldered this burden, but means we are not utilizing our full strength to affect the debate in Trenton.
To truly understand the importance of supporting our allies, consider our successes in Trenton:
We defeated BELOW COST SELLING
We made history in getting FIRST RIGHT OF REFUSAL signed into law!
We have built large support for RIGHT TO REPAIR and got it passed out of the Assembly
We defended your small business against the false accusations of Attorney General Anne Milgram
We gained wide support to move New Jersey to an all PIF Inspection System and close the CIF lanes
...and MUCH MORE!!
In each instance, we achieved these goals with the help of our friends in the Legislature!

If every member contributes just $100.00 we will be able to provide the help necessary to ensure victory for our allies. 

 
PLEASE SEND YOUR CONTRIBUTIONS TO:
NJGCA PAC
4900 Route 33 West, Suite 100
Wall Township, NJ 07753
Please make your donation payable to NJGCA PAC

 
I understand that times are tough for all NJGCA members, but this is just as important as any battle we have fought in the past.
 
We have made great progress in Trenton. I hope that you will answer the call. 
                                                                                                                                     
Each week, the Energy Information Administration publishes a list of average gasoline prices for the previous three weeks. NJGCA will begin including this list with the Weekly Road Warrior.  Remember, these prices are reflective of self-serve everywhere except NJ.