Phone: 732-256-9646

Mon-Fri: 9:00am – 5:00pm

Fwd: Road Warrior: Overtime Pay Rule Changed, Grant Money Webinar, Menthol Ban Delayed, DEP Seminar

May 2, 2024

Overtime Pay Expansion Approved

Last week we told you about a rule change from the Biden Administration outlawing non-compete agreements. The Administration also approved an increase in the minimum salary that must be paid for an employee to be exempt from overtime pay rates. 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 everytime 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 of this year, 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. 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.

As with the non-compete rule, there is a real chance this regulation will be challenged in the courts and perhaps overturned. For now, you should prepare for it to go into effect July 1st and think about if it applies to any of your employees, and if so how you want to handle it. 

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

Menthol Cigarette Ban Gets Frozen

On Friday the FDA officially announced that it was delaying its planned ban on menthol cigarettes and flavored cigars. This ban was originally supposed to be be formally approved back in September, then it was delayed to December, then to March, and now it has been delayed indefinitely. There is public speculation that the delay is until after the presidential election in November. It seems this proposal is actually quite a bit less popular than officials expected it to be. Should Biden be reelected, it is expected that they will again move to implement a ban, likely going into effect one year after its formal approval (if it survives a court challenge). This delay though does make it more likely that legislators in Trenton will try to push through a menthol ban only in NJ, which would be the worst possible policy, since customers will be able to continue purchasing packs brought in from PA and NY. 

DEP UST Compliance Seminar Coming Up

The NJ DEP has announced they are having another dedicated seminar to discuss UST compliance rules and enforcement policies. There will be time for Q&A with enforcement officials and plenty of chances to talk directly with DEP officials. 

Both NJGCA staff and other members who have attended these events have found them useful and worthwhile. This will be especially true with the EVR upgrade requirements coming through, and other changes they are considering making. 

It is free to attend, and make sure you register since this event sold out last time and seems likely to do so again. It is being held on Thursday June 6th from 9am-12:30pm, at the NJ Forensic Science Technology Center, 1200 Negron Drive, Hamilton. You can register HERE.

New MBP Announcement: MinorDecliner and avoiding unlawful, underage sales

For the last few months, NJGCA has met with a number of potential Member Benefit Partners (MBPs) to extend our program into new and necessary areas.  

One new MBP, MinorDecliner, has joined the Association and will be offering products and services aimed at age verification and loss prevention.  

At a time when government officials are cracking down on the sale of cigarettes, alcohol, and tobacco-related products to minors, MinorDecliner offers a unique, fast ID scan solution for entrepreneurs to utilize and avoid an unlawful sale to underage patrons.

The system is quick, easy, and can read license barcodes from all fifty states; warning business owners of an expired license or pending sale to a minor. The system takes the guess work out of checking IDs, reduces the chance for “human error” in ringing up a customer, and speeds up the check-out process to increase front-end efficiencies. What’s more, the device and system records/saves information on each scan. This can be used later if a fine is issued or legal action arises (thereby providing a record to illustrate that you were doing your diligence in checking/identifying a fake ID).

We all acknowledge that not all employees are equally as attentive or astute. And this is especially true as members are continually having difficulty identifying and hiring reliable employees. Even if an employee is properly trained to ask for ID and spot fakes from genuine government issued identification, they may become distracted with taking on multiple tasks simultaneously or helping too many customers at once. That’s life, and it can happen to any one of us.

However, when obtaining a “fool-proof” product and service that takes all doubt out of the transaction, you are reducing the possibility of running afoul of the law while also creating “evidence” to use in your own defense.  

Members should recall that any shop that sells to a minor patron (or an “undercover” patron who presents as a minor and is working for a government agency) may face hefty fines and penalties. Any such allegation would likely involve retaining legal counsel, spending time away from your establishment, and consuming thousands of dollars in funds and resources. Knowing this only highlights how investing in a reliable ID scan system makes good business — and financial — sense.

Do you have a system in place to prevent the sale of such items to minors?  

Do you want to add a layer of protection to avoid an unlawful or unintentional sale to a minor?  

If so, please email Nick at to learn more and be put in touch with our newest MBP.

Rack Averages

Date Rack Avg Avg w Taxes Low Rack
04/25 273.33 $3.3403 262.49
04/26 274.29 $3.3499 266.06
04/29 273.00 $3.3370 263.67
04/30 269.53 $3.3023 260.45
05/01 259.68 $3.2038 250.59
Date Avg Retail Avg Margin Diesel Rack Avg
04/25 $3.61 0.30 260.92
04/26 $3.61 0.27 260.63
04/29 $3.61 0.26 259.28
04/30 $3.61 0.27 257.37
05/01 $3.61 0.30 250.04

News Worth Knowing:

Member Benefit Partner (MBP) Spotlight: Lisko Environmental

LISKO Environmental, LLC is a full-service environmental consulting firm focused on assisting New Jersey business owners and operators with environmental compliance. They offer a straightforward approach to site assessment and remediation. Services include:

•LSRP Services
•Regulatory and Mandatory Deadlines
•Case Closure
•UST Closure and Remediation
•Preliminary Assessments, Remedial Investigations
•Forensic Release Date Investigations, Expert Reports, Litigation Support
•Phase I/Phase II Site Assessments/Environmental Due Diligence

If you’ve been dealing with an environmental problem for years and it seems like there is no end in sight, contact Jonathan Lisko today for a free consultation on your case.

Contact: Jonathan Lisko, 732-996-4792, 

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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