October 11, 2013

Dear NJGCA Member:

Thank you for reading this week's NJGCA Road Warrior!

Here is what you will find in this edition:

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

MINIMUM WAGE ON THE BALLOT & OUR ADVOCACY EFFORTS
GOV. CHRISTIE'S REMARKS ABOUT MINIMUM WAGE & C-STORES
VISA / MASTERCARD SETTLEMENT & SURCHARGES
UST COMPLIANCE SEMINAR  

In last week's Road Warrior I discussed how raising the minimum wage through a constitutional amendment is much different than going through the normal legislative process. This week I will outline the series of events that occurred in Trenton throughout the duration of the "normal legislative process," and explain exactly what caused that process to break down, which ultimately resulted in the minimum wage being put on the ballot as a constitutional amendment.
 
Note: If the Legislature wants to amend the Constitution, they need a majority vote in two concurrent sessions of the Legislature. Since the Democrats control both the Senate and the General Assembly, this was relatively easy to achieve.  Here is exactly what happened in Trenton:

• In January 2012, when the new Legislature convened, one of the first bills that was introduced was a proposal to raise the minimum wage to $8.50 an hour, with yearly increases tied to annual inflation rates.
• In May 2012, this bill passed the General Assembly by a vote of 46-33, with all Democrats voting for it (except for Assemblyman Milam) and all Republicans voting against it.
• In October 2012, in response to Governor Christie publically stating that he was supportive of a minimum wage increase, but opposed to yearly increases for inflation, Senate Democrats introduced the Constitutional Amendment proposal, which would set the minimum wage at $8.25, and still included a provision for yearly increases based on annual inflation.
• On November 29, 2012 the Senate passed the original minimum wage bill AND the Constitutional Amendment proposal by a vote of 23-16, with all Democrats voting for them (except Senator Van Drew) and all Republicans voting against.
• On December 3, 2012 the Assembly concurred with minor Senate changes to the original bill and passed it 44-31. The original minimum wage bill was then sent to Governor Christie. The Assembly also introduced the Constitutional Amendment proposal on the same day.
• In late December 2012, the Assembly passed the Constitutional Amendment proposal by a vote of 46-29-1.
• On January 28, 2013 the Governor conditionally vetoed the original minimum wage bill, saying that the wage should be increased to $8.25, not $8.50, it should be phased in over the course of three years, and there should be no automatic annual increases.
• Democrats ignored Governor Christie's compromise plan, which was supported by Republicans and business groups including NJGCA.
• In February 2013 the Senate passed the Constitutional Amendment proposal a second time by a vote of 22-15 and the Assembly passed it a week later by a vote of 46-31. It is then filed with the Secretary of State to be on the ballot in November 2013.

As you can tell, the Democrat-controlled Legislature never even gave the "normal legislative process" a chance to work, as they voted to approve the Constitutional Amendment proposal on the same day that they voted on the original minimum wage bill. Even more insulting is that instead of taking the Governor's proposed compromise and negotiating with the Republicans and business owners in good-faith, the Legislature chose to cut the Governor out of the process completely, and pursue the Constitutional Amendment.
 
Here is what you need to understand: Getting the minimum wage issue on the ballot was a deeply calculated political move by the Democrats who knew that Governor Christie would be a formidable opponent in his re-election race.  Democrats hoped that having a minimum wage increase on the ballot would bring large groups of Democratically-leaning (Union Member) voters out to the polls.  While these voters might have originally gone to the polls with the intention of supporting a minimum wage increase, Democrats count on the fact that those individuals will no doubt also take the time to vote the Democratic party line.  Could this ultimately impact Governor Christie's ability to win re-election in November? Yes. However, if everybody understood that Democrats are willing to ignore the economic harm that raising the minimum wage will cause to your small business, and the even greater harm that automatic increases will continue to do to your business year after year, in an effort to entice Democratically-leaning voters to the polls, then the voters would never allow Democrats to be successful in this attempt.
 
Now, for the record, I do have to state that if there was something that the Republicans in the Legislature wanted, and they had the opportunity to put it on the ballot to gain political advantage at the polls, they would do it in a heartbeat.  However, what worries me about these two indisputable truths is the fact that this sets a precedent that every time the Democrats can't get something that they want, and every time the Republicans can't get something that they want, they will think it is okay to revert to using the Constitution (and the voters of this state) as a tool to accomplish their own, purely political, agendas.
 
I may have mentioned before that NJGCA has joined the Coalition to Preserve Jobs and our Constitution, which will be undertaking a concentrated education campaign to make sure that voters understand the consequences that raising the minimum wage will have on consumers and small businesses. The Coalition will be running some radio spots, and we expect that we will have a lot of lawn signs delivered here to our office. I would like you to volunteer to display these signs at your locations.  Let me know if you can pick them up here at HQ. I am also looking for volunteers that would pick up a bunch of signs and deliver them to other members. You should be doing your part to protect your business and help educate people to vote NO ... Displaying these signs is an easy way to do that!! 
 
As we get closer and closer to the election, I wanted to take this opportunity to remind you to look for the OTR.  It should be in your mailbox in the next day or so. This is the Voter Guide issue and it will educate you on many important issues that relate to your small businesses, and the Legislators that will work to protect you in Trenton.  On that note, I have to share one brief remark about last night's gubernatorial debate between Senator Buono and Governor Christie.  (click this link to watch the entire debate now). When asked about increasing the minimum wage, Governor Christie responded, "The money doesn't come off a magic money tree.  The money comes from the pockets and the hard work of the small business owners -- the people who own the convenience stores..."  While I personally would have loved to hear Governor Christie include gas stations in his response, I am thrilled that he had the opportunity to demonstrate to voters, and especially my NJGCA members, that he understands exactly how this minimum wage increase will impact you and your small businesses.
 
Switching gears now... Remember all the hoopla in the beginning of the year when it was announced that because of the settlement with Visa and MasterCard you would now be able to add a surcharge to your credit card sales that would represent the amount of credit card fees that you have to pay...? Do you remember all of the legislation that was rushed through committees in both Houses of the Legislature (and passed in the Senate but never made it to the Assembly floor), which would prevent you from doing this...?  Well, a court has overturned a New York law that similarly banned these surcharges. Although this law has not been passed in New Jersey, this court ruling makes it a lot less likely, and will have an effect on what is ultimately passed in Trenton, if anything is passed at all. I continue to point out to every legislator in every meeting that the frenzy that was experienced in Trenton on this issue was totally unnecessary.  I testified then that the law was not needed and that it was a "solution in search of a problem."  Since the law was never passed, and there have been no reported incidents 10 months later, I was very obviously correct. Legislators seem to acknowledge this fact and I am hopeful that this will render future legislation on this issue dead...
 
Finally, I have an announcement for Underground Storage Tank Owners. New Jersey's Petroleum Equipment Contractors Association (PECA) is holding a UST seminar on December 6th.  The seminar is geared towards the Contractors and their re-certification requirements to work on UST Tanks Systems. PECA has invited NJGCA and our members to attend this one day seminar. 
 
Speakers: Leonard Lipman - NJDEP
                   Frank Brennan - Brennan Environmental Law
                   John Sieger - Tanknology
 
Topics of discussion will be:

Review Changes to UST Rules and Regulations
Release Detection 
Professional Standards for Contractors
The Licensed Site Remediation Professional and IMPACT on the industry

If you own a UST Tank System you should be there to make sure that you are in COMPLIANCE and continue to remain in compliance.
 
When:   December 6th, 2013
Where:  The Imperia, 1714 Easton Avenue, Somerset, NJ 
Cost:     $195.00
 
Please follow this LINK for the PECA brochure and registration info.  Payment is due by November 15, 2013.  

Thanks for reading -- See you next week!

Regards,
Sal Risalvato
Executive Director

CLASSIFIEDS! -- FOR SALE & HELP WANTED ADS 

Do you have a business for sale?  Are you looking for a new location or opportunity?

•  NJGCA was recently able to lend a hand to members looking to sell their business by getting the word out.  Since everyone reading this message is involved in the small business gasoline retail, convenience store, and automotive repair trades, it is an ideal medium to connect with interested buyers and prospects! 

NJGCA is also able to assists member in selling equipment through the placement of advetisments in Road Warrior!

• If you'd like to list equipment for sale, or have an open position you'd like to make other industry professionals aware of, please contact NJGCA at 973-376-0066 and let us help you get the word out!      

If you'd like to list your business for sale, publish a location you're selling, or are seeking a business partner for your establishment, please contact NJGCA at 973-376-0066!

NEWS AROUND THE STATE: THE NEWS YOU SHOULD KNOW

10/08/2013:
New IRI Research Examines Impact of Gas Price Fluctuations
From fluctuating prices to getting consumers out of their cars and into the store, gas continues to present challenges for convenience store operators. But new research from the Symphony IRI Group explains that there is hope for overcoming these hurdles. According to the latest IRI Point of View, Gas Price Fluctuations Fuel a Convenience Channel Opportunity, even a one-point increase in converting a shopper from fuel to inside the store will bring more than $700 million to the industry's bottom line in a single year. To read more about the suggestions and strategies that came out of this report, please click on the link.
 
10/07/2013:
Turnover Rates Rise for C-store Associates, Assistant Managers
The convenience store industry has come a long way in improving its image as a place where one can find a long-term career that's rewarding both personally and financially. Today, the average c-store manager remains in his or her position for seven years, up from 5.6 years in 2011, and the industry turnover rate for store managers is just 10.5%. At the industry's single stores, these figures are even more impressive as the average single-store manager is employed for 9.1 years and the turnover rate is a mere 1%. While the convenience channel is doing a good job of retaining managers, there is room for improvement when it comes to store associates and, to a lesser degree, assistant managers, according to the Convenience Store News 2013 HR & Labor Study. This exclusive research is conducted every other year and analyzes turnover, benefits, wages, salary and more. To read more about the results of the study, please click the link.

10/04/2013:
Judge Rules Against New York's Ban on Credit Card Surcharges
As we discussed briefly in this week's Road Warrior, US District Judge Jed Rakoff of the Southern District of New York ruled that a New York law prohibiting retailers from adding a surcharge to credit card purchases is unconstitutional. The surcharge is intended to make up for the credit card swipe fees.  As part of his ruling, Judge Rakoff ordered the state not to enforce the ban during a legal challenge filed by several small businesses. The businesses filed a lawsuit in June arguing the law violated free speech rights by penalizing them for adding surcharges, while at the same time allowing them to provide discounts to customers paying with cash or debit cards. To read more about these recent developments, please click the link.  
 
10/04/2013:
What You May Not Know About Obamacare
Oct. 1 ushered in the first phase of the Affordable Care Act (ACA), more commonly referred to as Obamacare. Open enrollment began, which means Americans who are uninsured or want to replace the coverage they have now can start to compare and shop for comprehensive health plans through the online Health Insurance Marketplace. Now that phase one has begun, the clock is ticking for the start of phase two, which will have a direct impact on thousands of convenience store operators. Larger convenience retailers uttered a collective sigh of relief when the US government announced in July that it will provide an additional year before the mandatory employer and insurer reporting requirements of the ACA kick in.  To more fully understand the requirements and implications of ObamaCare, please read the article above.
 

TRAINING CLASSES!!
-ALL CLASSES WILL BE HELD AT NJGCA HEADQUARTERS-
66 Morris Avenue - Springfield, NJ 07081 (Union County)

MEMBER BENEFIT PARTNER MESSAGE

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 require12 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 973-376-0066 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.