If you cannot see the message, please click here

December 13, 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:

• Minimum Wage Law Updates; Predatory Towing Act; Below-Cost Selling Lawsuit Update; Apprenticeships for Auto Repair Industry; Wage and Hour Webinar Reminder

NJGCA CLASSIFIEDS
- Mercer County: Gas Station for Sale
- Monmouth County: Gas Station and Repair Shop Business Since 2001
- Bergen County: Shell Gas Station with 6-Bay Repair Shop for Sale

NEWS AROUND THE STATE

• I’m An Ex-Business Owner And Now An Assemblyman - Here’s A Better Idea For A Fairer Minimum Wage
• Jersey City’s New Tax Is An Unconstitutional ‘House Of Cards,’ Lawsuit Says
• Goldman Sachs and Morgan Stanley Warn Oil Uncertainty to Persist
• More Manufacturers Explore Legal Cannabis Opportunities
• NJ Marijuana Legalization: Want To Use Weed? You Can Still Get Fired
• ‘Yellow Vest’ Protests Shake France. Here’s the Lesson for Climate Change.
• Oil Prices Climb On OPEC-led Cuts, But Off Session Highs
• Annual NJBIA Survey Shows Companies Already Have Strategies To Combat Potential $15 Minimum Wage

TRAINING CLASS SCHEDULE!

??????• Check back for more training classes from NJGCA

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
FOLLOW US ON TWITTER-- CLICK HERE

EXECUTIVE DIRECTOR'S MESSAGE:

MINIMUM WAGE LAW UPDATES
PREDATORY TOWING ACT
BELOW-COST SELLING LAWSUIT UPDATE
APPRENTICESHIPS FOR AUTO REPAIR INDUSTRY
WAGE & HOUR WEBINAR REMINDER

Last week we sent an action alert regarding the new proposed minimum wage law and I want to thank you all for the great response that you made contacting legislators. The NJGCA team was in Trenton early Monday morning only to learn that the Assembly Labor Committee hearing was cancelled due to the chairman, Assemblyman Egan’s wife’s passing the night before. We offer our prayers to Assemblyman Egan’s family and will prepare again for this legislation to be heard in his committee in January. Although there has been an effort by the Assembly to compromise with us, we still cannot support this legislation as it does not go far enough and quite simply, $15 an hour is just too high. Eric prepared a summary for me last week of the Assembly bill that I would like you to review by clicking HERE. You can also view the specific language of the proposed bill HERE. Keep in mind, this is only one version of a new minimum wage law. I am expecting several others that will be even less palatable. This issue will have many twists and turns before it will become law. Our small business coalition has muddied the waters enough to keep $15 an hour blocked for the past 3 years, but the fight is getting tougher.

Last week, Eric and Michelle attended a Policy Conference which discussed minimum wage among other business issues, although this was the most prominent issue discussed by the small businesses that attended. Several other issues were discussed that will likely be addressed in the new year, such as the possibility of legal marijuana and how this will affect workplace policy, and the general outlook of doing business in New Jersey. Hundreds of businesses attended this event in order to learn what businesses can expect to face down the line as new disruptive legislation continues to pass. We will continue to represent you in these events in order to best prepare you all for what’s to come.

It also happens that on Monday there were several other bills in other committees that NJGCA weighed in on. One bill important to those of you with repair shops that have tow trucks is an amendment to the Predatory Towing Act that should once and for all will close burdensome loopholes that caused conflicts with any towing rates you may have and contracts with municipalities. I’ve already been notified that now that this bill has cleared the committee it is scheduled for a vote in the full assembly on Monday, where we expect it to pass.

The other big story for us is that the appellate division heard the below cost selling lawsuit that was filed by Speedway requesting to declare the state law established in 1939 as unconstitutional. Since it has been a while since I have given any updates, let me refresh your memory: two years ago, as a result of several complaints filed by NJGCA against retailers who were selling their gasoline below cost and destroying the competition in their marketplace, Speedway, which is owned by Marathon Oil, filed a lawsuit against the state of New Jersey seeking to overturn the 80-year-old law. While one of the defendants (7-Eleven) went to court and plead guilty and paid their fine, Speedway chose to fight the constitutionality of the below cost selling law. After briefs were filed by both sides, a motion to dismiss the case was filed in Mercer county Superior Court in August of 2017. At that time, the judge ruled in our favor citing all of the instances in the past 10 years when the legislature chose not to change the below cost selling provision of the law. The case was dismissed. Speedway immediately filed an appeal. Again, both sides filed their briefs this past February, and the appellate court permitted NJGCA (and our friends at FMANJ) to participate as an amicus (friend of the court) as an interested party in this matter to file our own brief. Oral arguments were made Tuesday morning in the appellate court in Newark. We were on hand to listen as the arguments were made, and feel that the Attorney General made a good case to uphold the lower court's ruling from last year. It may take six months before the court issues its ruling, and we will let you know as soon as we hear the decision. This is obviously a critical matter to those of you that sell gasoline.

Of critical importance to those of you with repair shops is the difficulty finding good qualified technicians to work on your customers cars. Last week, legislation was introduced and heard in the Senate Labor Committee to establish an apprentice program to make it easier for you to have young people train in your shops to get the experience needed to become qualified technicians. This includes tax credits for employers who set up apprentice programs. I testified at this hearing to support this legislation, and it was reported on by NJ 101.5 radio. HERE is the story that appeared on their website.

Finally, I want to remind you all of our next upcoming NJGCA webinar on Wage and Hour hosted by Alicyn Craig at our MBP McCusker, Anselmi, Rosen & Carvelli (MARC) Law on January 9 from 2 to 3 PM. You can register for that webinar now HERE.

That's all for this week-

Sal Risalvato
Executive Director

TRAINING CLASSES!!

None at this time, check back for future training classes

CLASSIFIEDS! -- FOR SALE & HELP WANTED ADS

NEW!
FOR SALE:
GAS STATION FOR SALE
EWING NEW JERSEY
OWNER RETIRING
CALL: 609-882-1105

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:

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 approved 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

12/11/18
I’m An Ex-business Owner And Now An Assemblyman - Here’s A Better Idea For A Fairer Minimum Wage
For all our differences, the number one goal for Republicans and Democrats should be to put more money in all people’s wallets so they can live comfortably. That is the Republicans’ aim, and that is where Democrats differ. There is no better example than the minimum wage. . .The Democrats’ plan to raise the minimum wage to $15 an hour only considers the plight of minimum wage employees, who struggle to live in a high-tax and consequently high-cost environment. Even the advocates of that high of an increase will agree that they are taxed too much, and life in New Jersey is too expensive for them to live with peace of mind. But that is also true for small-business owners. New Jersey is annually ranked the worst and most expensive state to own a business, and small businesses employ half of the state’s workforce. The Democrats’ plan ignores these realities, and New Jersey’s economy will suffer for it.

12/11/18
Jersey City’s New Tax Is An Unconstitutional ‘House Of Cards,’ Lawsuit Says
Real-estate developer Mack-Cali and some of its subsidiaries are suing the state of New Jersey and Jersey City over the city’s new payroll tax, which the plaintiffs call a vague, slapdash and unconstitutional “house of cards” that must be invalidated. The tax was adopted last month by the City Council to help fund the school district. The plaintiffs, which include two labor unions and the city-created Exchange Place special improvement district, make a host of arguments in the 71-page lawsuit, including that the tax represents unfair taxation, that the ordinance adopted by the council has “overreaching provisions” and that the city’s “booming” economy shows it does not need to collect an extra tax to fund schools.

12/10/18
Goldman Sachs and Morgan Stanley Warn Oil Uncertainty to Persist
While producers including Saudi Arabia and Russia defied market expectations as well as U.S. President Donald Trump late last week to pledge 1.2 million barrels a day of curbs, the lack of specific country allocations and exemptions for Iran, Venezuela and Libya cloud the market outlook, Goldman said in a report. For any sustained rally, a drop in stockpiles and evidence of the cuts being implemented are needed, it said.

12/10/18
More Manufacturers Explore Legal Cannabis Opportunities
Altria, owner of Philip Morris USA and maker of Marlboro cigarettes, has announced it will explore opportunities in the legal cannabis market, as more states approve the substance for medical and/or recreational use, according to Foxbusiness.com. Altria will invest $1.8 billion in Cronos Group, a global cannabinoid company in Toronto, Canada, for a 45% stake in the company. The deal grants Altria the option to acquire a controlling stake in Cronos at CAD $19 per share and to nominate four executives to the Cronos board of directors. This move indicates that Altria sees legalized marijuana as a new growth area at a time when sales of traditional cigarettes are declining.

12/8/18
NJ Marijuana Legalization: Want To Use Weed? You Can Still Get Fired
New Jersey residents eagerly awaiting the chance to use marijuana without fear of arrest will have one more hurdle to pass before they are home free: their employer. The New Jersey bill legalizing recreational marijuana includes an amendment that allows employers to prohibit employees from using drugs, even if it means testing for marijuana.

12/6/18
‘Yellow Vest’ Protests Shake France. Here’s the Lesson for Climate Change.
The so-called Yellow Vest protests against the tax increase have become the biggest obstacle yet to such attempts to encourage conservation and alternative energy use. The protests point to the difficulties facing nearly all industrialized countries committed to pulling the world back from the cliff’s edge of catastrophic climate change. France’s cancellation of the tax increase this week in the aftermath of increasingly violent protests signaled the perils and political headwinds that governments worldwide may face as they try to wean their citizens from fossil fuels.

12/6/18
Oil Prices Climb On OPEC-led Cuts, But Off Session Highs
Oil prices jumped more than 2 percent on Friday as Saudi Arabia and other producers in OPEC, as well as allies like Russia, agreed to reduce output to drain global fuel inventories and support the market.

12/6/18
Annual NJBIA Survey Shows Companies Already Have Strategies To Combat Potential $15 Minimum Wage
According to the NJBIA’s 60th Business Outlook Survey results, 66 percent of members say an increase to a $15 minimum wage will negatively affect their business. Here’s how they would respond.

26 percent of employers said they would reduce staff;
13 percent said they would turn to automation;
24 percent said they would reduce hours; and
32 percent said they would raise their prices.

The survey was not all negative. In fact, it also shows businesses in New Jersey are continuing a trend of optimism in the last two years. Here are some points of optimism:

39 percent of employers said they could hire next year, while 7 percent said they could not;
50 percent of employers said their profits increased last year;
59 percent of all employers surveyed believe their profits will increase in 2019.

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 PARTICIPATION: 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.

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.