Phone: 732-256-9646

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Fwd: Road Warrior: Heat Tips, Overtime Regs, Dirty Dirt

June 20, 2024

High Heat Tips to Protect Employees

Recently lawmakers in Trenton have been pushing a very burdensome and overly broad bill to require a lot of new complex regulations for virtually all employers whenever they are working in excessive heat. You can read all the details HERE. While that bill seeks to define excessive heat as just 80 degrees, this week we are experiencing a genuine heat wave. Even though the bill has not become law, employers should still take precautions to ensure none of your employees come down with heatstroke on the job. 

Whether an employee is working at the pumps or working in the bays, they could become overwhelmed by the high heat, especially if they're not taking care of themselves. Make sure that you and all employees are aware of what the signs of heat stroke are, and what to do if someone appears to be suffering from a heat-related illness. Encourage everyone working in the heat to drink cool water on a regular basis to prevent dehydration. 

You can check out this informative poster from OSHA HERE and read more of the symptoms and responses to heat illness on OSHA's website HERE. As always, feel free to reach out to with any questions or concerns. 

Additional Notes from the UST Compliance Seminar

Last week we offered up some notes and takeaway insights from the New Jersey Department of Environmental Protection's (NJ DEP) UST Compliance Seminar. You'll recall that DEP periodically hosts these seminars, with presentations focusing on compliance and enforcement efforts. We have found these seminars to be informative and helpful in understanding how DEP approaches potential violations.

This week we wanted to circle back to touch on the topic of “dirty dirt” and contaminated fill.

As a bit of background, New Jersey passed a “dirty dirt” law in 2020 that was designed to create a licensing mechanism for soil and fill recyclers. The impetus behind the law stemmed (in part) from the aftermath of Superstorm Sandy. In the years following the storm, the New Jersey State Commission of Investigation issued a report illustrating the illegal disposal of contaminated soil (and construction debris, solid wastes, etc) during the rebuilding of impacted areas. In applying for those credentials (what is known as “A-901” license), the state and DEP officials aimed to prevent random, unsavory actors from dumping contaminated soil onto unsuspecting customers, or hauling away such soil to dispose of illegally.

In 2022, the DEP added a compliance advisory to the existing law, warning the public that any business that engaged in specific soil and fill recycling would be subject to fines if they did not register, while also allowing certain types of soil and fill recycling (those trading in “clean” or “non-restricted” soil) to operate with less oversight.

Why are we mentioning this?  

During the DEP presentations, participants were warned to be wary of any business offering to give you “free clean fill” or “discount dirt fill” for a location. State officials have found that many of the businesses offering such services are not compliant with the above-mentioned “dirty dirt” law, but are knowingly passing along contaminated soil to commercial and residential property owners. This is often advertised on social media sites like Facebook Marketplace, Nextdoor, Instagram, Craig’s List, or other classified sites.

Contaminates aside, it is also possible that such “free” or “discounted” fill soil may have solid wastes, construction debris, or demolition materials. If this type of material is used to fill in around any new UST installation (or related project at your location), it could potentially damage your tanks, throw off readings, or create unforeseen regulatory issues for your business.  

Those engaging in such schemes are obviously seeking to avoid the cost and expense of properly disposing or treating any contaminated soil, and are instead saddling their “clean dirt” on consumer and property owners. For that reason, any kind of fill or soil at your location should be vetted by a qualified Licensed Site Remediation Professional (LSRP). In doing so, the LSRP should investigate the credentials of the soil recycler/hauler, inquire about the origin of the fill material, and seek independent testing to assure no contaminates are being dumped into the ground at your location.

On an individual level, don’t think that those looking to dump “free soil” at your station are only targeting business locations. There are plenty of unsavory companies also seeking to pull the same stunt with homeowners. Don’t fall for it!

If you need more information on this phenomenon and want to learn more, please visit 

Please feel free to reach out to Nick at with any questions.

Energy Master Plan

Last week NJGCA submitted lengthy formal comments to the NJ Board of Public Utilities (BPU) regarding the state's Energy Master Plan. This is a formal document of goals and strategies for the State to pursue regarding all aspects of energy generation, distribution, and usage. It must be reviewed and either amended or confirmed every 5 years. The 2019 EMP laid out Governor Murphy's ambitions for a carbon free economy across the board. It is expected that the BPU will once again confirm his goals.

Our comments focused on talking about the role that current motor fuel retailers can have in the future of fueling. The State needs to provide meaningful grants for the installation of EV fast chargers, and they should be focusing on current station locations as the best places to fill up. We also strongly opposed the imposition of the California Advanced Clean Cars II rule, which phases out the sale of new gas-powered vehicles over the next decade (if it's actually followed). We promoted that hydrogen fueling should not be forgotten, especially with the Biden Administration's plan to locate a major 'Hydrogen Hub' in eastern Pennsylvania. Finally, we made sure to remind them that small businesses are saddled with electric bills that are already too high, and they should not allow the utility companies the ability to spend huge amounts of money on the backs of the ratepayers. 

You can read our full comments HERE.  

Tianeptine Ban Hearing

Last week NJGCA testified in favor of a bill that would formally ban tianeptine products in the state of New Jersey, joining us with multiple other states who have also banned it. This substance, sold under brand names like ZaZa, Tiannaa, and Neptune's Fix, is sold in little bottles similar to 5-Hour Energy products. It is, however, a highly addictive and potentially dangerous substance that has been called by the press 'gas station heroin'. 

It was this nickname that drove us to make sure we testified publicly that we as an industry are opposed to this product and in fact resent this nickname. Our honest small business operators do not and should not be associated with anything that's called heroin, especially when it is more commonly sold at the proliferating smoke shops. A statewide ban would put all retailers on an even playing field, and not at the lowest common denominator. We also we were able to have the sponsor agree to amend the bill to change the effective date from immediately upon signature to 30 days after, to ensure that if anyone was selling it unaware of its effects, they would have a reasonable chance to comply with the law. 

You can read more about this substance HERE and HERE. You can read our full testimony HERE. If you have any questions feel free to reach out to or 732-256-9646.

Reminder for Federal Overtime Rule change on July 1st

A reminder that on Monday July 1st there is still scheduled to be a change in the federal overtime threshold. As you likely know, certain types of employees are exempt from overtime work based on their job duties. You may have managers or assistant/office managers who are paid a flat salary rather than a tracked hourly rate. If a salary is below a certain level, then an employee must be paid time-and-a-half every time they work more than 40 hours in a week, no matter what their job responsibilities are. 

Currently, that salary threshold is $684 a week ($35,568 a year). Starting July 1st, that minimum salary will be $844 a week ($43,888 a year). Starting July 1, 2025 that minimum salary will be $1,128 a week ($58,656). 

If you have a salaried worker making less than those amounts, you will need to either increase their pay to that level, or begin tracking all of their hours worked in order to ensure that they receive overtime wages anytime they work more than 40 hours a week. Even if you are confident they will never work more than 40 hours in a week, you would still need to formally track them. If a Department of Labor official finds an employee who works 8 hours a day, 5 days a week, spending even just an extra 10 minutes or so a day working (perhaps while opening/closing), that adds up to an hour a week they legally need to be compensated for at time-and-half wages, and they will go back years to force that 'back pay' be given out, plus fines.

There are lawsuits that have been filed challenging this rule, but so far they have not progressed far enough to stop the rule going into effect. There is still a chance that a judge will delay the implementation of the rule, and they could issue the order as late as June 30th, or even after the rule goes into effect. Until then, you should prepare for it to go into effect. 

Don't forget the importance of complying with these laws, even on the technicalities. We still sometimes see shopowners who have an arrangement with a non-exempt employee (like a technician) where they will be paid a flat wage no matter the exact number of hours worked in any given week. This is illegal, pay must be structured at one rate for hours 1-40, and then 1.5x that rate for every individual hour over 40 in a given week. It doesn't matter if the flat rate is a more than fair rate, or if the employee prefers the flat rate, DOL will hit you with a lengthy fine, then send out a press release about how you cheated your employee. This happened just this week to a restaurant

Feel free to reach out to 732-256-9646 anytime with questions, or you can read more from DOL HERE and HERE

Lou Papale RIP

Some sad news we did want to report to the general membership. Lou Papale, owner of Wheels in Motion in Union Twp, passed away recently. Lou was a dedicated member of the association since 1979, and has served as a member of our Board of Directors for more than thirty years, including many years as Board Secretary. We thank him and his family for his dedicated service to the association. You can view the obituary HERE

Rack Averages

Date Rack Avg Avg w Taxes Low Rack
06/13 241.99 $3.0269 233.51
06/14 239.94 $3.0064 231.77
06/17 243.76 $3.0446 235.10
06/18 247.35 $3.0805 238.12
06/19 247.34 $3.0804 238.12
Date Avg Retail Avg Margin Diesel Rack Avg
06/13 $3.44 0.44 251.48
06/14 $3.44 0.41 249.42
06/17 $3.42 0.41 250.13
06/18 $3.42 0.37 253.64
06/19 $3.41 0.33 253.72

News Worth Knowing:

Member Benefit Partner (MBP) Spotlight: GMG EnviroSafe

EnviroSafe offers station owners 35 years of experience in the safety-, environmental-, and health-compliance consulting. Focusing primarily on auto repair facilities, EnviroSafe will audit your location to determine if your shop meet OSHA, EPA, and local regulations.  

Their professionals will point out what needs to be updated or serviced, help you create an implementation plan to reach those goals, and take all the guesswork out of your compliance obligations. Their services offer peace of mind, while allowing you to focus on running your business without worrying about possible workplace-related injuries.


• Do you know if you’re in compliance with the latest OSHA and EPA work rules?  
• Do commonly used lifts or repair equipment need to be serviced to ensure you, your customers, and your staff are safe? 
• Have you checked to make sure equipment is properly greased, bay door torsion spring wires are worn, nozzles or hoses need replacing, or confirm store entranceways and delivery points are well maintained, etc?

To understand potential hazards and liabilities, you are compelled to call those professionals that know what to look for and what the federal/state regulations demand.

Take a moment to visit the EnviroSafe website HERE, then contact Nick at if you have any questions or would like to be put in touch with a representative to schedule an appointment. 

Available Real Estate

Cape Harbor Shell

**Price Reduction**

795 Route 109, Unit B, Lower Township, NJ, 08204

Contact: Jerry 609-425-8837 

Click HERE to view listing

Station for Sale

Thriving High Profit Gas/Service Station close to Major Highway in Prime Location. 

This Exclusive Gas Station is the Sole Provider in the entire town, achieving a remarkable fuel profit of up to and sometimes over 1$ a gallon. Consistently selling 45,000 gallons monthly. Most fuel customers come from Highway so fuel prices do not have to be competitive. 

Also included with the Property is a Reputable High End Auto Repair Facility. Repair shop has all required Specialty and Diagnostic Tools for servicing mostly High End Vehicles. Advertising is no longer used do to an enormous Demand and large Customer Base. Repair Business has has potential for increased profitability and expansion, the business is open to experienced buyers for a possible partnership or profit sharing arrangement. Location is 1 out of 100. Fuel sales make 20-40K a month and repairs can do the same with the right operator. 

This one of a kind opportunity can include seller financing for those with High-Level Automotive or Gas Station Experience.

Contact Greg

Our Road Warrior newsletter is brought to you by the following Member Benefit Partners:

New Jersey Gasoline-Convenience-Automotive Association
615 Hope Road, Bldg. 2, 1st Floor
Eatontown, NJ 07724


Phone: 732-256-9646

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