Phone: 732-256-9646

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Fwd: Road Warrior: Non-Competes, EV Charger $, MVC Training, RIP Rep. Payne

April 25, 2024

Non-competes Agreements to Be Banned in Most Cases

This week the Federal Trade Commission (FTC) voted 3-2 to outlaw the use of non-compete agreements with employees, and to ban the enforcement of existing agreements (except for some with senior executives). There have been reports over the years that these agreements are becoming more common with low-wage jobs like fast food restaurant workers, which drove the push to ban them. 

Some repair shops may use these agreements with their technicians, especially if they are paying for training and accreditation. This ban, which is supposed to go into effect in four months, means that employers will no longer be able to ask employees to sign these agreements. The good thing about such a policy though is it might increase the pool of potential labor, your business may not be able to use them but neither can car dealerships nor any other competitor.

There is one exception, and it's a very important one. Non-competes will still be allowed when it is connected to the sale of a business. This is an important exemption, because it affects the value of your business. If you're looking to sell a longstanding business, particularly a repair shop, the person you want to sell it to may be looking to keep the customers and current book of business. They can't afford to have the former owner reopen down the block as a competitor. They need a non-compete, or else they have to pay a lower amount for the business to account for that risk. There has been legislation in Trenton to ban non-competes just in the state, and NJGCA has opposed that legislation because it would not have allowed non-competes tied to the sale of the business. Hopefully this federal plan means the NJ bills will not forward, and if they do they will at least match this FTC proposal. 

It's also very possible this rule will be struck down, the US Chamber of Commerce has promised to sue, saying Congress has not granted the FTC the power to do this. No doubt it will work it's way up to the US Supreme Court, which could kill the rule entirely, or split the difference and prevent new non-competes but keep existing ones in place. You can read more HERE

EV Charger Grant Money Available Again–Webinar On May 7th!

There is another opportunity opening up for interested businesses to get substantial grant money for the installation of electric vehicle fast chargers. We are partnering again with our MBP FreeWire to host a webinar to talk about the opportunity. The FreeWire team is available to walk you through the application options and manage the submission process. Through FreeWire's Accelerate Program, you have the option to host FreeWire chargers with zero upfront costs. Applications are due at the end of May.

The webinar will be on May 7th at 12pm. You can register HERE

We encourage everyone to register to find out more info and ask questions. 

These fast chargers can have a very small footprint

Inspection Training Classes Update

For the last 17+ years, NJGCA has maintained a training program for technicians and shop staff seeking to gain their Emission Inspector Licenses, as well as their Emission Repair Technician License through the former ETEP program.  

Over the last few months, we have received numerous calls from members and non-members with interest in taking an Emission Inspector Class. Over time, the list of interested students has swelled; and each week we add more names to an already lengthy waiting list.

Why is the list getting longer?  Why hasn’t a class been held to train these students?

Presently, and despite the demands, we do not have any scheduled classes. Unfortunately, that reality is beyond our control.

No doubt there is a high probability that a member is reading this who needs training; or is eager to send an employee to our class. And rather than have dozens of separate conversations, we thought to send a general notice out on the current status of the training program.

Late last year, officials from MVC mandated that every training provider in New Jersey revise their curriculum to incorporate a list of select topics. These additions were compiled by MVC auditors after it was discovered that a large number of emission inspectors were making mistakes while performing inspections at PIF locations.This included both long-time inspectors, as well as those newer to the program. This alarmed MVC auditors, who later directed that all training programs were to submit a revised curriculum and materials for review, edits, and final approval.

NJGCA made the required changes, submitted them to state officials, and we are waiting for them to be approved.

Though we cannot address all the anticipated changes, or when the final approval will be granted, one thing we can confirm is that MVC’s revisions will include a slightly longer training period (2 days vs. the previous 1.5 days) and will be organized differently (testing and hands-on training both on Day 2).

Of course, if we find that additional changes need to be made to better prepare students, we will have the ability to address them as the changes are put into action.

While this process has taken far longer than we anticipated, we do not anticipate any issue with scheduling new classes and implementing the revised curriculum once approved.  All the while, we appreciate your patience as we wait for approval, and plan on holding multiple sessions in a shortened time span to catch up with the pent-up demand.

If you have any questions on these changes, or just wish to add yourself/a possible employee-student to our waiting list, please email us at at your convenience, or talk to Nick 732-256-9646.

Gas Attendant Indicted for Stealing From Customers

A gas pumper who worked at a Wawa in Monmouth County was hit with a 52 count indictment this week after it was discovered he was running a scam where he would take the customer's credit card and swipe it through a device on his phone before putting it in the dispenser. Headlines like this always give a bad look to the industry as a whole, but thankfully it seems he was quickly caught and is now being prosecuted. Take it as a reminder to keep close watch over your employees, credit card fraud doesn't just come from devices planted on the machine. Of course, if we had self-serve in this state there would be no need for the customer to ever hand their card to someone else. 

RIP Congressman Donald Payne, Jr.

On Wednesday one of our state's 12 members of the House of Representative, Donald Payne, passed away at the age of 65. He served in Congress since 2012, when he was elected to the seat following the death of his father, Donald Payne Sr., who served in Congress for 23 years. He was based in Newark and represented the 10th Congressional District, which covers large parts of Essex County, Union County, and Jersey City. The seat will likely remain vacant through November, though the staff will continue to work on constituent services. You can read more about the Congressman HERE

Rack Averages

Date Rack Avg Avg w Taxes Low Rack
04/18 267.82 $3.2852 249.85
04/19 268.11 $3.2881 253.85
04/22 266.50 $3.2720 250.50
04/23 269.70 $3.3040 253.50
04/24 270.72 $3.3142 255.00
Date Avg Retail Avg Margin Diesel Rack Avg
04/18 $3.45 0.15 259.22
04/19 $3.51 0.22 259.59
04/22 $3.59 0.31 261.55
04/23 $3.61 0.34 263.57
04/24 $3.62 0.31 261.05

News Worth Knowing:

Member Benefit Partner (MBP) Spotlight: CBIZ Insurance Services

Why CBIZ Insurance?
CBIZ represents the finest companies in the industry and is positioned to negotiate with the most competitive insurance carriers. As a leader in the auto service/fuel dealers industry, they continue to provide solutions for service stations, c-stores, car washes, repair shops, auto body shops, and wholesalers. They understand how to provide a cost-effective, flexible, and comprehensive insurance program for your business, including a dividend program available to NJGCA members.

Multiple Services with a Single Focus: Your Success
Growth and Success. Efficiency and Profitability. It’s likely these goals are top priorities for your business. It is also likely that the daily distractions of financial and employee issues diminish your ability to focus on those goals. CBIZ enables you to dedicate your time to critical business matters by providing custom solutions that help you manage your finances and employees. They offer clients exceptional quality and diverse capabilities with the personal attention your business needs and deserves, all with a single focus: your success.

Contact: Pete Gudzak, 732-581-6001, 

Available Real Estate

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

Cape Harbor Shell

795 Route 109

Unit B

Lower Township, NJ, 08204

Contact: Jerry 609-425-8837 

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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