If you cannot see the message, please click here
Road Warrior Newsletter


September 08, 2017

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:
• Marketplace Recovering from Hurricane Harvey & Preparing for Hurricane Irma; Judge Throws Out Obama Admin. Overtime Pay Rule; How Does Deferred Action for Childhood Arrivals (DACA) Impact You? NJGCA MBP MARC Law to Offer Employment and Hiring/Firing/Payroll Course; Marathon Won't Sell Off Speedway; First-Ever NJ Affordability Summit on Monday, September 18th; NJGCA 80th Anniversary Celebration on Friday, September 15th

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
Rescinding DACA could cost 700,000 workers their jobs and employers $6.3 billion in turnover costs
Speedway to Remain Fully Integrated Part of Marathon Petroleum
Amazon's Total Domination Overstated: Online sales only account for 10% of overall US retail sales
U.S. judge strikes down Obama administration overtime pay rule

TRAINING CLASS SCHEDULE!
• Check Back Next Week for Fall Class Schedule!

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!

*NEW*Energy Information Agency Weekly Retail Gasoline Prices

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

                                                                                                                                                                 

EXECUTIVE DIRECTOR'S MESSAGE: GREETINGS & SAL-UTATIONS!

MARKETPLACE RECOVERS FROM HURRICANE HARVEY / PREPARES FOR IRMA
JUDGE STRIKES DOWN OBAMA ADMIN. OVERTIME PAY RULE
DOES DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) IMPACT YOU?
NJGCA MBP MARC LAW OFFERING HIRING/FIRING AND PAYROLL SEMINAR
MARATHON WILL NOT SELL OFF SPEEDWAY
JOIN NJGCA AT NJ’S FIRST-EVER AFFORDABILITY SUMMIT ON MON., SEPT. 18
JOIN NJGCA’S 80TH ANNIVERSARY GALA ON FRIDAY, SEPT. 15TH IN EDISON


First, I want to get into marketplace news. It looks like wholesale prices have leveled off and are steadily declining now that Hurricane Harvey has truly moved on from the Gulf and Texas refiners are coming back online. The average rack price shot up 44¢ per gallon for gas in the week from 8/24 to 8/31, but by yesterday prices were already down about 15¢ from last week’s high.
 
Hurricane Irma, which has reached historic strength and is about to slam most of the state of Florida, will, if anything, help lower prices. Whereas Harvey and Katrina hit areas that are key to our drilling and refining process, there is no such infrastructure in Florida.  Instead, demand for fuel will be lower when Irma makes landfall.  In fact, when the Colonial pipeline shut down last week, gas from NJ was being shipped down to meet Florida demand, and the gas we were using was being imported from the Midwest. While demand in Florida will drop during and after the storm, right now it’s anything but, as residents are stocking up and gas stations throughout the state are running out of fuel and closing. The Wall Street Journal is reporting that ¼ of stations in the Miami-Fort Lauderdale area are completely out of fuel.  All in all, it brings back bad memories of what things were like in NJ in the two weeks after Sandy hit us (5 year anniversary next month!)
 
When prices skyrocket, retailers take it on the chin and are forced to basically eliminate their entire margin in order to stay competitive. Now that wholesale prices are falling, I encourage you all to earn back what margin you can, while you can. This is a business of famine-famine-famine-FEAST-famine-famine, so you need to make money when you can! HOLD YOUR MARGIN WHILE YOU CAN!
 
Next, an update on an issue we have been monitoring for the last year. In 2016, after many years of consideration, the Obama Administration announced that they would be significantly altering the nation’s overtime laws. The plan, to go into effect on December 1, 2016, would have doubled the threshold salary at which an employee is no longer considered eligible for overtime. The rate since 2004 has been $455 a week ($23,660 per year). The Administration’s plan was to increase that threshold to $913 per week ($47,476 per year) and increase it annually. Any manager making less than that threshold would be entitled to time-and-a-half wages anytime they worked more than 40 hours in a week. Had the rule gone into effect, for any manager you employed making less than the new threshold ($47,476) you would have had to either increase their salary or paid them an hourly wage while strictly monitoring their hours.

Just days before this was to go into effect, a federal judge ordered the change frozen pending a ruling on a lawsuit which challenged the constitutionality of such a significant change in the law. After months of waiting, the judge ruled this week that the new regulation was in fact illegal.  The Trump Administration had already made clear that even if the new rule had been upheld by the courts, they still aimed to make significant changes to lessen the severity for employers.
 
One of the biggest issues on the national scene this week was President Trump’s announcement that his Administration would end the Deferred Action for Childhood Arrivals (DACA) program. DACA was put into effect through an executive order by President Obama and it allowed certain illegal immigrants who entered the country as children to register and obtain permits that gave them protection from deportation as well as the ability to get a driver’s license, attend college, and be legally employed. There are about 22,000 individuals in the state of New Jersey who are currently part of this program. If it is completely abolished, then any business which continues to employ a DACA recipient would have to either fire the person or break the law to continue employing them.
 
I emphasize the word if when I talk about the program ending. Regardless of whether the program has merit, there is a strong case that this program is unconstitutional because it was created by executive action. President Trump has voiced support for the program, and gave a six month window in order to allow Congress time to change the law and provide genuine legal status for these individuals. Virtually all Democrats as well as several top Republicans have also voiced support for the program, so it does seem likely that ultimately the program will not be repealed. President Trump even suggested that if Congress does not pass it in six months, he may reinstate it anyway.
 
Next, I am pleased to announce that MARC Law, one of NJGCA’s MBPs in the Legal Services category, is offering two FREE seminars on “Best Employment Practices: Strategies for Hiring and Firing Employees”.  Employment law compliance is among the many challenges businesses face.  In this course, you’ll learn the “nuts and bolts” of complicated wage and hours issues that govern your business including their purposes, to whom they apply and how, as well as strategies for navigating the difficult and confusing tasks of paying employees correctly, for both regular pay and over-time pay, to avoid any claims and stiff penalties that may be imposed against you, such as double the amount owed and paying the employee’s attorney’s fees. Non-compliance gets very costly, very quickly.  This seminar will address the following topics to help you navigate these complex and challenging issues in order to protect your business:
  • The relevant NJ and federal employment laws that set the standards for paying employees;
  • Approaches to ensure compliance with laws to avoid costly litigations, including employee handbooks, policies and accurate record keeping; and
  • What to do when an employee asserts a claim or files a lawsuit.
We have had seminars like this in the past which focus on employee handbooks and other employee-related issues such as proper overtime payment, etc. because they are unavoidable when running your own business. In order to protect yourself and better understand employee protections in NJ and how to stay in compliance with State regulations, you need to be constantly educating yourself.  This seminar is being offered both in Florham Park (Wednesday, Sept. 27th, 5:30-7:30 PM) and Wall Twp. (Thursday, Sept. 28th, 5:00-7:00 pm) to make it more convenient for members all over the State to attend. You can reply directly to this email if you are able to attend. Pizza and refreshments will be provided, and the maximum number of members eligible to attend the Florham Park seminar is 15, so RSVP as soon as possible to save your spot!
 
There are now three quick announcements I would like to make:
  1. After many months of study, Marathon has decided NOT to sell off its Speedway brand. As you know, Marathon bought out the old Hess stations and moved Speedway in. Speedway is currently suing the State of NJ for the right to sell its products below cost. Their lawsuit was thrown out last month, and we are waiting to see if they will decide to move forward with an appeal.
  2. Eric and I will be attending NJ’s First Affordability Summit on Monday, Sept. 18th, hosted by Opportunity NJ (co-chaired by NJBIA and Chamber of Commerce). This event aims to shape a new Affordability Agenda with the help of hundreds of businesses across the State, including yours! The event will be held in Somerset, NJ and is $50 to attend. You can learn more or register HERE, or call the office to get more information or let me know you will be attending.
  3. FINALLY, this is your last chance to RSVP for NJGCA’s 80th anniversary gala on Friday, Sept. 15th. The event is free for the business owner to attend with a guest. The evening will include an open bar, cocktail hour with passed and live hors d’oeuvres and entertainment, a buffet dinner and a short program of awards and recognitions for the members that have made NJGCA into the organization that it is today over the past 80 years. Please reply to this email if you can join us on September 15th from 6-10 pm at the Mirage in Edison for this celebration!

Thanks for reading -- See you next week!

Sal Risalvato
Executive Director

                                                                                                                                                         

TRAINING CLASSES!!

All classes held at NJGCA HQ -- 4900 Route 33 West, Wall Township, NJ 07753

CHECK BACK NEXT WEEK FOR UPDATED CLASS SCHEDULE!

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


09/05/2017:
Rescinding DACA could cost 700,000 workers their jobs and employers $6.3 billion in turnover costs
On Tuesday, the Trump administration announced plans to end the Deferred Action for Childhood Arrivals (DACA) program. The Obama-era program currently allows about 800,000 young undocumented immigrants who were brought to the US as minors with no documentation to live and work in the country legally. DACA recipients are eligible to receive an employment authorization document (EAD), giving them certain protections to work in the US. According to a report from left-leaning Center for American Progress (CAP) over the past five years, 91% of DACA recipients have found gainful employment and currently work for companies across the US. Eliminating DACA will undoubtedly have an impact on these workers, who would be stripped of their ability to work in the US, as well as their employers. As Business Insider previously reported, a recent CAP study found that roughly 700,000 workers could lose their jobs over the next two years if DACA were repealed. The report estimates the loss of their labor could cost the country $460.3 billion in economic output over the next decade.
 
09/05/2017:
Speedway to Remain Fully Integrated Part of Marathon Petroleum
Marathon Petroleum Corp (MPC) has decided to not hang a for-sale sign on its retail network, Speedway LLC. According to Findlay-based MPC, its board of directors has determined that maintaining Speedway as a fully integrated business within MPC provides the best opportunity for enhancing long-term shareholder value. The board's decision came at the recommendation from its independent special committee. "Our board has a well-established track record of taking bold and transformative actions to drive value and will continue to do so when it's in the best interests of shareholders. Following a rigorous review led by an independent committee of the board, the board has unanimously concluded that shareholder value is best optimized with Speedway remaining part of our integrated business," said Gary R. Heminger, MPC chairman and CEO. He thanked the committee for its efforts in performing a comprehensive review of options to ensure the company is positioned to deliver the greatest possible long-term value for its shareholders. MPC has returned $1.55 billion to shareholders including share buybacks and dividends through June of this year alone.
 
09/05/2017:
Amazon's Total Domination Overstated: Online sales only account for 10% of overall US retail sales
Between the launch of its convenience store concept Amazon Go, the debut of Instant Pickup, a need-it-now pickup service, and a recent acquisition of Whole Foods Market, Amazon has been generating buzz of domination in the retail channel. However, one retail analyst has maintained a rational view. Moody Analytics, a financial services company, analyst Charlie O’Shea doesn’t deny the impact Amazon has had on the retail channel, but thinks the hype is out of control. According to the analyst, Amazon is still a long way from dominating the US retail market, and simple math shows it is even further away from taking over food retail. "Many see Amazon's purchase of Whole Foods as more evidence that the online giant is dominating US retail and the company is likely to remain the pre-eminent player in online shopping," O’Shea said in a report released Aug. 30. "But online sales still account for only about 10% of overall U.S. retail sales, with a much lower percentage in the grocery segment, leaving the big brick and mortar retailers, led by Walmart, still really formidable competitors in the industry."

08/31/2017:
U.S. judge strikes down Obama administration overtime pay rule
A federal judge in Texas on Thursday struck down an Obama administration rule that would have extended mandatory overtime pay to more than 4 million US workers, siding with business groups and 21 states that had challenged it. The decision came after the same judge last year blocked the rule from taking effect pending his final decision. The Trump administration had already said it would make changes to the rule, which riled trade groups and companies when it was adopted. The rule would have doubled to about $47,000 the maximum salary a worker could earn and still be automatically eligible for overtime pay.  U.S. District Judge Amos Mazzant in Sherman, Texas, said the salary level was set so high that it could sweep in some management workers who are supposed to be exempt from overtime protections.  Nevada Attorney General Adam Laxalt, who represents the 21 states that sued over the rule, applauded the decision in a statement. He said the rule would have forced states to spend millions of dollars on overtime pay and led to private-sector job losses. The ruling also drew immediate praise from business groups.

                                                                                                                                                                 

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. 

                                                                                                                                     

*NEW* Energy Information Agency Weekly Retail Gasoline Prices

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.