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June 3rd, 2021
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 Inside this issue
  Executive Directors Message  










Repair shop guys: we continue to monitor the ongoing legal battle around right to repair in Massachusetts, as the outcome will likely determine what may happen in New Jersey. We hope to take action on this in New Jersey, however legislators are not willing to discuss this issue with us while this is currently going on in Massachusetts. Despite voters approving legislation on election day, the Alliance for Automotive Innovation, which represents the top US and foreign automakers, filed suit in federal court to block the law, arguing that it conflicts with federal laws governing automotive safety. At least 13 other states are considering some type of right-to-repair law including New Jersey, which is why legislators are taking a "wait and see" approach with this. Though recently a Federal Trade Commission report called for federal regulatory action to mandate access to the software needed to repair all sorts of products, from home appliances to automobiles.



Last week we mentioned that while Governor Murphy would remove the mask mandate for customers and employees in spaces open to the public, he would continue to require full masking in areas not open to the general public (like repair shop floors or back offices). He has since issued another Executive Order which changes that, effective Friday June 4th at 6am. Employees can be fully unmasked in these workplaces not open to the public, but only if they provide proof to the employer that they have been fully vaccinated. There has yet to be any further clarification from the Administration about what exactly qualifies as proof, if the employer needs to keep a record of that information, and if the employer is liable if they do not keep the information secret and secure. The safe move for you, if you have any spaces on your business which are not open to the public but which employees will be within six feet of each other, is to make a copy or ask them to email you a picture of their vaccination card, and then keep those records someplace that other employees cannot access. For an employee who is not vaccinated or has not provided proof of vaccination, it will remain the employer's responsibility to ensure that anytime that employee is within six feet of another employee they are wearing a mask (unless they are working in an area open to the general public). It doesn't make much sense to me that an employee coming into direct contact with strangers all day doesn't need a mask even if they are unvaccinated, but an unvaccinated employee who works five feet away from one other person and only that person does still need to wear a mask all day. These are the rules as the governor has written them, at least for now.

You can read the latest Executive Order 243 by clicking HERE. You can read last week's Executive Order regarding masking and social distancing in public spaces (#242) by clicking HERE. We have had some members already reach out with questions about other COVID-19 precautions. Both of these new executive orders make it explicit that all other workplace COVID rules continue to apply exactly as they have been, only the masking and social distancing rules have been relaxed. You can review those other requirements in Executive Order 192 (issued October 28 last year) by clicking HERE.



On Friday the federal Equal Employment Opportunity Commission (EEOC), the agency which enforces workplace discrimination laws, formally stated that employers may mandate COVID-19 vaccination for employees working at the job site. It seems that few employers are planning to move forward with such a requirement, in part because the employer must accommodate an employee who has a health concern under the ADA, such as an allergy, and they are responsible for keeping information about that confidential. Employees can also claim a religious exemption, and it is very difficult to prove if they are lying. The better option is to provide incentives for workers to choose to be vaccinated, which the EEOC also explicitly stated were allowable. Incentives could include a cash bonus for getting a vaccination (Wawa and Walmart offer $75) and giving extra paid time off to go and get the vaccination.

You can read the EEOC release HERE.



If you are not currently EMV compliant at your gas pumps, please make it a priority to do so. Depending on who you are using to process your credit cards, some suppliers are sending chargebacks on purchases made from a non-EMV compliant terminal and claiming fraudulence, but are failing to include any information that shows fraud occurred. Members have been contacting us that they have been receiving chargebacks without any documentation concerning the reason for the chargeback.

We checked with the expert on credit card issues in the country who has helped us with matters regarding Visa and Mastercard over the years to see how members can protect themselves. According to NACS General Counsel Doug Kantor, there is no requirement regarding documentation to be provided in these "fraud" situations. Members who find themselves receiving chargebacks could and perhaps should complain to their acquirer and push for more documentation. If enough retailers are pushing for more information, perhaps they will get something. Formally challenging the chargeback is another option, but there is a fee for that and success is questionable. Filing a separate claim in local small claims court every single time a chargeback is received could eventually result in the credit card companies getting sick of sending lawyers who cost more than the amount of the chargeback, though this could take significant time and resources on your part. We expected and were warned that fraudsters would target our industry due to long delays to EMV compliance for gas pumps. The crooks are aware many of you have not complied and unfortunately, they will get away with this. 

Several weeks ago, we reported in a previous Road Warrior a service available at no charge to protect fuel retailers who have not yet upgraded their pumps to be in compliance with EMV standards. The system is provided by Visa and uses extensive transaction data along with risk scoring capabilities to provide real-time risk assessments. If the system finds the gas customer's card risk score is too high, the customer is prompted to go inside the store to complete the transaction, or provide another card. Most fraudsters will prefer to drive away instead of going inside. Reach out to Visa if your pumps are not ready for EMV and see if this would work for you. Please be advised that this program is ONLY for Visa, we have not heard of a similar arrangement with MasterCard. It may also lead to longer delays at the pump. At the end of the day, it is still the more sensible thing to make your pumps EMV compliant, as even this preventative measure is meant to be used temporarily with the understanding that retailers will still become compliant. If you know you are not yet EMV compliant, I strongly urge you to contact our MBP Sound Payments to learn more about their retrofit payment solution by emailing nick@njgca.org.



For our members with college-aged children or employees, take advantage of scholarship money available! We are able to bring the scholarship to your attention thanks to the generosity of the Utica Insurance Company that insures many of our members through the Amato Agency for business liability, as well as the NJGCA Board of Directors that approved a matching amount. Applicants can be a child of a member, an employee of a member, or a child of an employee of the member, and each member may submit one application per membership. You as the business owner and member get to choose the applicant to be submitted. However, to be clear, each membership is only permitted to submit ONE application. There is a total of $10,000 in scholarship money to be distributed. The $5,000 contribution from Utica must be used for a student who is attending an automotive technical trade school. The NJGCA contribution of $5,000 can be used for a student attending any college, university, or trade school other than automotive. If you have questions, email michelle@njgca.org.

Applications should be printed and mailed back to NJGCA.  Applications must include the requested transcripts. Applications must be postmarked before the application deadline of July 13, 2021, and must be received at NJGCA Headquarters by July 19th, 2021. Click HERE to view the application.



Our census project is underway and if you have not received a call yet, expect a call from someone on the NJGCA staff to update our data. We want to be especially sure we are capturing geographical information in order to contact every legislator that may represent you at both home and business. We also need to be sure we have correct email addresses in order to send you fast and timely information to keep you updated. We want to have every available means to contact members in the event of another emergency such as Superstorm Sandy. We have not updated this information in many years, and having this accurate info will be helpful to us when we communicate with you and legislators. Please be cooperative when you are called. 

In order to make this process as seamless as possible for you, we have also created an online version to complete this information yourself. You are permitted to fill out the information online or wait to be called by staff. Please be sure you are completing the entire survey, as each question contains data that could be used to help persuade legislators.


Be Well -  

Sal Risalvato
Executive Director




  Training Class Schedule  

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


ASE-Prep Training (for NJ ASE-track ERT/ETEP Re-Certification)

NJGCA will offer an ASE-prep class for Emission Repair Technicians (ERTs) seeing to continue their existing accreditation. Students will meet twice a week for the entire five-week period (ten sessions), and review the required material for the A6, A8, and L1 exams. While we anticipate most students would appreciate preparing for all three tests together, we can also accommodate technicians who only need to prepare for a specific section.

All classes will meet in Wall Township, from approximately 9:00am to 3:00pm, on the following dates:

May Dates:

Class 1 - Tuesday, 5/4

Class 2 - Thursday, 5/6

Class 3 - Tuesday, 5/11

Class 4 - Thursday, 5/13

Class 5 - Wednesday, 5/19

Class 6 - Thursday, 5/20

Class 7 - Tuesday, 5/25

Class 8 - Thursday, 5/27

June Dates

Class 9 - Wednesday, 6/2

Class 10 - Thursday, 6/3



NJGCA Members: $1,995.00 (plus the price of books)

Non-Members: $2,195.00 (plus the price of books)

Email Training@njgca.org if you are interested in signing up

Contact Nick De Palma at Nick@njgca.org to inquire about additional class dates



  News Around The State  


UPDATE: Sweeney, Coughlin introduce new bill to end health emergency, limit Murphy's powers

The new bill, NJ A5820 (20R)/NJ S3820 (20R), has been fast-tracked for a vote Thursday in both houses, less than two weeks after Assembly Speaker Craig Coughlin shelved a previous measure that would have left nearly all of Murphy's emergency powers in effect and intact. New Jersey has been operating under a public health emergency for almost all of the pandemic. The emergency powers at Murphy's disposal provided him with sweeping control over day-to-day life in the state, which increasingly became a political target for Republicans who have accused the governor of acting arbitrarily and capriciously in his slow unwinding of Covid-19 restrictions.While the administration is hardly kicking up a fuss over the latest draft, which was introduced by Coughlin and Assemblymember Nicholas Chiaravalloti (D-Hudson) in the Assembly and Senate President Steve Sweeney in the upper house, lawmakers included a few changes to relax Murphy's grip over the state as it recovers from a pandemic that has killed more than 26,000 residents.The bill specifically nixes Executive Order 192, signed last October, which had set social distancing and mask requirements at workplaces (Murphy has already issued directives lifting those restrictions in most indoor public settings, including private workplaces).


7-Eleven to Install 500 EV Ports

Charging forward with its environmental ambitions, 7-Eleven announced plans to build at least 500 Direct Current Fast Charging (DCFC) ports at 250 select U.S. and Canada stores by late 2022. Currently, the chain has 22 charging stations at 14 stores in four states. The new DCFC ports, all owned and operated by 7-Eleven, would give the company one of the largest, most compatible fast-charging systems of any U.S. retailer. . . In addition, the company has "doubled-down" on its original commitment and pledged to meet a 50% reduction of CO2 emissions by 2030.


China's Bet To Do The Dirty Work No One Else Wanted Is Paying Off In The Age Of Electric Cars

Officials from the United States and South Korea recently met to discuss the auto industry's electrification - among other things - according to a report from the Financial Times. The two countries are trying to forge a better partnership in the interest of reaching their ambitious EV goals, but there's an elephant in the room: China. Well, there's two elephants, because not only is the Chinese market the biggest in the world, but Chinese manufacturing is absolutely essential to every single EV market outside of China itself.


EEOC: Employers Can Require Vaccines, Offer Incentives

Under federal law, U.S. employers can require all of their employees who physically enter the workplace to be inoculated against COVID-19 as long as they provide reasonable accommodations, and they can encourage vaccination with incentives that aren't coercive, the Equal Employment Opportunity Commission (EEOC) said in updated guidance Friday. Employers still must "comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations," the agency said. "Other laws, not in EEOC's jurisdiction, may place additional restrictions on employers. From an EEO perspective, employers should keep in mind that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement," the EEOC stated.


Hydrogen May Be Trucking's Future

Daimler, the world's largest maker of heavy trucks, has announced it will convert to zero-emission vehicles within 15 years, demonstrating another example of how the shift to electric power is reshaping vehicle manufacturing reports the New York Times. Currently, zero-emission long-haul trucks are not available in large numbers, and different technology may be needed to power the electric motors. Batteries work well for delivery vehicles and other short-haul trucks, and many are already on the road. But Daimler argues that battery power is not ideal for long-haul 18-wheelers, at least with current technology. The heavy batteries subtract too much from payload, an important consideration for cost-conscious trucking companies.


Shell Ordered to Cut Carbon Emissions

A court in The Netherlands yesterday ruled that Royal Dutch Shell must reduce its carbon emissions by 45% by 2030, reports the Wall Street Journal. The landmark ruling furthers pressure oil-and-gas companies to take even greater steps to prevent a climate crisis. The court-ordered emissions reductions off of 2019 levels are much higher than Shell's target of lowering emissions 20% by 2030.



  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.




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