

	April 29, 2011 Dear NJGCA Member: Here's what you'll find in this edition of the NJGCA Road Warrior, and thank you for reading: EXECUTIVE DIRECTOR'S MESSAGE: GREETINGS & SAL-UTATIONS! •Labor worries, MVC press event and the Strategic Petroleum Reserve NEWS AROUND THE STATE •Turnpike Authority toll worker privatization vote nears •Property tax cap exceeded in only 2 municipalities •Report: Pre-recession job levels won’t be reached until 2016 •Electric car owners update garages for recharging stations A SPECIAL MESSAGE FROM BELLOMO FUELS •Serving New Jersey since 1910 -- Over 100 years of supplying gasoline retailers like YOU! TRAINING CLASS SCHEDULE •Interested in a class? Call Debbie today! POLITICAL PARTICIPATON: THE NJGCA PAC •Participate in the NJGCA PAC today and help us keep our Agenda rolling in Trenton! THE MEMBER TOOL BOX •On the NJGCA Homepage •Know your Territory Manager! EXECUTIVE DIRECTOR'S MESSAGE: GREETINGS & SAL-UTATIONS! USDOL WORRIES ARE LEGITIMATE FEARS…WHAT SHOULD YOU DO? MVC PRESS EVENT POSTPONED…and THE STRATEGIC PETROLEUM RESERVE. Last week, my memo on labor-raids focused on a very simple message: *If you don’t want to get caught doing something wrong, don’t do it in the first place!* This week, my message is: *If you are STILL doing something wrong, stop and change the way you do things!* In case you missed it, you can read last week’s full Road Warrior by clicking HERE Since I sent out my memo last week, many of you have called our office, afraid of what will happen if the US Department of Labor (USDOL) or the New Jersey Department of Labor (NJDOL) comes to your shop. The Star Ledger ran an ugly headline “Some northern N.J. gas station owners are ripping off employees, federal authorities say” To read this article click HERE Again many of you called my office after seeing the headlines and are worried because the USDOL knows that what they are looking for is almost standard practice in most gasoline service stations. So…it begs the question…What can you do about this? Well ….not much can be done about the past, but from today going forward YOU MUST CORRECT HOW YOU HANDLE YOUR PAYROLL! I have done a number of press interviews and I have tried to portray the findings of the USDOL as simple errors being committed by unknowing small business owners. HOWEVER, I have also stated that I will take the responsibility of informing my members what the proper procedures are for hiring and paying their employees. USDOL is specifically looking for employees that are being paid “off the books” and employees that are not being paid at least minimum wage and/or overtime. USDOL will interview your employees beforehand, and then match all stories with your payroll records. They are very serious about uncovering wrongdoing and they know that investigating gas stations has been uncovering a lot of violations. I stated last week that “I was in your shoes for 23 years, and I am fully aware of how things get done in your world.” BUT we live in a different time, and the old way of doing things must be changed or there is risk of serious consequences. While we can endlessly debate the manner and appropriateness of federal or state officials marching through your door to search for ANYTHING to penalize you, they are legally obligated to do a job. Yes, we can dislike them for acting threatening and we can dislike them for finding a violation where none really exists. That’s a legitimate gripe, and NJGCA is here to defend you when that happens. We have gone to bat for many members in the past that have been cited by many different government agencies. You can ask any of the scores of NJGCA Members who we’ve successfully defended in hearings down in Trenton. I believe – and will continue to publicly state – that NJGCA Members are a cut above the rest of the industry. You’ve actively decided to be a member of this professional trade association; you’ve sought out a way of raising your level of professionalism, educating yourselves on important industry issues; and you’ve made the conscious effort to band together to defend the business community on matters important to your establishment. Keep in mind that many NJGCA Members operate their business strictly by the book only. They do not pay employees “cash under the table”, they pay their employees minimum wage or higher, and they pay the proper amount of overtime when warranted. Competitors that don’t follow the same rules gain an unfair advantage over those that skirt the rules and cheat the system. If you have a problem, I urge you to change the way you do things. You know what they’re looking for and you know they’re on the hunt to fine those who are violating the law. USDOL knows you’ve been warned thru both the news media and my counsel and they know you are expecting them to march through your door. The very fact that you’ve made a conscious decision to change your payroll practices will demonstrate that you are willing to cooperate and it will count for something. But again, it is ALL in YOUR hands. Just to reiterate the list we published last week, here’s what you can do to help educate yourself on proper procedures and avoid problems if they come to audit you: Hours of Operation & Employee Hours: A Department of Labor audit will be based on the number of hours the business is open for business and how many people are needed to run the business during the hours of operation. The employer/owner will have to prove he has paid employees during all hours of the business being open. For example: Let’s assume your business is open Monday to Sunday, 6:00am to 10:00pm. The number of hours in which gasoline is being pumped has to be covered by hourly paid employees. Does your business use time cards? Do you employ a set schedule? DOL will want to know and want you to explain it. DOL will also check for: Workers Compensation Insurance Payment of Disability and Social Security Taxes Unemployment Insurance New Jersey Minimum Wage payments ($7.25 per hour since July 24, 2009) Proper overtime is being paid to workers (* this point is being pursued very aggressively) If you have withheld wages (It is illegal to withhold wages for cash register shortages) In managing your employees, you should consider the following: 1). Employers should consider all of their employees as hourly. 2). Employees who work more than 40 hours a week MUST RECEIVE OVERTIME PAY 3). Department of Labor requires you to pay overtime based on hours worked PER WEEK. That means you CANNOT pay for more than 80 hours in a two week period. 4). Salaried Employees -must meet certain criteria, is based on the employee's specific duties, and paid more than $455.00 per week. NOTE: The $455.00 per week excludes food/ board/lodging/etc. 5). Employees who are paid salary of $455.00 or more cannot have a deduction for jury duty or temporary military service 6). A Salaried Employee must have a primary management duty and must be included in decision making, including the authority to hire, fire, promote OR their recommendation must be given significant weight by the owner. 7). Salaried Employees must be able to direct/supervise work of two other full time employees. 8). How does an owner establish that an employee must be salaried? By using documents; draft job description for employee; include specific duties; and have employee review and sign it. 9). Salaried employee must be related to management, general operations of employer’s business, or employer’s customers. Yesterday, NJGCA was going to participate in a very noteworthy press event at Mahwah Sunoco in Bergen County. The New Jersey Motor Vehicle Commission (MVC) invited NJGCA - along with AAA - to highlight National Car Care Month. This event was to be hosted by NJGCA Member Bill LaForet’s service station and focus on why motorists need to keep their vehicles both safe and well maintained. Among other significant aspects, the press conference was to underscore how to keep motorists safe and legal on state roadways. We were especially thrilled to participate hoping to promote the both the pamphlet and poster that was issued to NJGCA members that outline ALL NJ STATUTES THAT REQUIRE SAFETY ITEMS ON CARS TO BE MAINTAINED IN PROPER WORKING ORDER! Unfortunately, the decision was made Wednesday to cancel the event in light of the thunderstorms yesterday. However, our counterparts at MVC are still eager to put on the event and we anticipate rescheduling it for sometime this summer. Well be sure to update you as we move forward. As the price of gasoline continues to rise, there has been a great deal of chatter about tapping the Strategic Petroleum Reserve. While seemingly a simple solution to help reduce pump prices, in affect it would be a foolish maneuver that would have little impact on the market and consume a strategic asset for mere political reasons. A serious shortage of oil will have an extremely harmful effect on you as you will become subject to the “State of Emergency” laws in NJ. I recently submitted an editorial to various press outlets on the matter and it was printed by the Asbury Park Press (and a few other papers) last week. Click HERE to read my take on this issue and drop me a line with your feedback and comments. I’d like to hear your thoughts on this. Thanks for listening - See you next week! Regards, Sal Risalvato Executive Director NEWS AROUND THE STATE 4/28/2011: Turnpike Authority toll worker privatization vote nears An ongoing decision to privatize 800 toll collector jobs is expected to be made by the Turnpike Authority this Friday, April 29th. If the plan is implemented and a private company is selected, toll collectors, some of whom make $65,000 a year, could lose their jobs or see their salaries slashed by any private toll operator. The decision to possibly privatize the toll workers is due to rising costs, a shift to electronic E-Z Pass tolling and inflexible work rules. 4/28/2011: Property tax cap exceeded in only 2 municipalities The property tax cap that was passed by the Legislature and signed into law last year by Governor Christie prevented all property tax increases to 2% and could only be overridden by popular vote. Earlier this week, fourteen towns sought voter approval to exceed the cap and pay for local services. Only Brick and Lambertville received the required number of votes to override the cap. Click above to read more on this subject. 4/27/2011: Report: Pre-recession job levels won’t be reached until 2016 A new report released by Rutgers University predicts that New Jersey will need another 5 years of steady job growth to reach the level of employment last seen in 2007. Though the report also states that employment levels are finally improving in the Garden State, New Jersey’s economic recovery remains a full two-years behind the rest of the nation. Two reasons cited for the slow recovery is the number of government jobs created during the last decade, which isn’t expected to grow, and the high cost of living. However, the number of private sector jobs is expected to increase, with finance and service sectors being the driving force behind any long term recovery. 4/16/2011: Electric car owners update garages for recharging stations As the popularity of electric vehicles begins to rise, owners are installing electric charging stations in their garages to ‘refuel’ their cars. However, potential owners need to be aware of the prices associated with purchasing and installing such devices. In many instances, the electric service panels to older homes may need to be updated to accommodate the power demands of at-home charging stations. Click above to read more. CLICK HERE TO READ MORE ARTICLES IN OUR “NEWS AROUND THE STATE” ARCHIVE TRAINING CLASSES!! -ALL CLASSES WILL BE HELD AT NJGCA HEADQUARTERS- 66 Morris Avenue - Springfield, NJ 07081 (Union County) A NOTE ON ALL CLASSES: FUTURE DATES WILL BE ADDED UPON REQUEST AND ACCORDING TO DEMAND. CONTACT DEBBIE at 973-376-0066 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!! To Register call Debbie Hill 973-376-0066 x 203 or debbie@njgca.org 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 66 Morris Avenue Springfield, NJ 07081** 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. THE MEMBER TOOL BOX ON THE NJGCA HOMEPAGE MEMBER SAVINGS PAGE Check out all of our MBPs and Programs designed to SAVE YOU MONEY! HELPFUL LINKS Looking for something? Take a look at our list of useful links! NEWSLETTER ARCHIVE Find all our communications and search for old e-newsletters. Take a look! NEWS AROUND THE STATE ARCHIVE Need to catch up on events? Want to see what's going on? Find out here! KNOW YOUR TERRITORY MANAGER! Henry Darden: Territory Manager for Middlesex, Union, Part of Essex (Southern Half) Cell: 973-477-0057 Email: henry@njgca.org Jack Leli: Territory Manager for Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean, Salem Cell: 732-995-1637 Email: jack@njgca.org Bob Quirk: Territory Manager for Bergen, Hudson, Part of Essex (Northern Half) Cell: 201-214-8836 Email: bob@njgca.org Frank Stewart: Territory Manager for Morris, Sussex, Warren, Hunterdon, Passaic Cell: 973-234-7403 Email: frank@njgca.org