Newsletter 1

RSGDA November 2015

FROM THE NEW YORK STATE DEPT OF ENVIRONMENTAL

CONSERVATION THE BULK STORAGE REGULATIONS HAVE BEEN REVISED. Your facility MUST designate authorized underground storage tank (UST) operators on or before October 11, 2016 To become authorized, Operators must take an open-book, online exam through the DEC website. (www.dec.ny.gov/about/101500.html); Operators may also request an in-person paper-based exam by mailing a request to: NYSDEC – Operator Training Exam 625 Broadway Albany, NY 12233-7020 You must designate THREE types of authorized Operators for each facility with an UST system covered by the new requirements: one Class A, one class B, and (at least) one class C Operator. You must designate your operators by submitting an updated bulk storage registration form to DEC for each facility, with the names of your authorized class A and Clas B operators on or before October 11, 2016. You may use the registration form on DEC’ website (www.dec.ny.gov/3736.html), or you may request a preprinted form using the email address below For more information on Operator training Go to www.dec.ny.gov/chemical/102202.html E-mail operatortrainin@dec.ny.gov Call (518) 402-9543

INSIDE THIS ISSUE 1 Attorney’s Corner

2 Merchants, Consumers Unprepared For Chip Card Deadline

2-3 Did You Meet The EMV Deadline?

3 FBI Issues Threat Alert on New EMV Chip Cards

3 Court Says State Can Ban Credit Card Surcharges

3-4 DOL Proposes Changes To Overtime Pay Requirements

4 EPA Issues Potentially Costliest Regulations In History

4-5 HD Selects NASTF For OEM-To- Independent Service Info Help

5 EPA Bans Use Of 134a In New Motor Vehicles

5 Senate Triples Cap On Automaker Safety Violation Fines

5-6 FDA Halts Sale Of Four R.J. Reynolds Tobacco Products

6 Senators Introduce Legislation To Raise Smoking Age To 21

6-7 Transportation Bill Moving?

7 Speedway To Close 100 Dunkin' Donuts Stores

7 Final Terms Of BP’s Oil Spill Settlement Disclosed

7-8 Gas Station Owner Ordered To Pay $100K+ In Whistleblower Suit

8 Requesting FMLA Leave Does Not Give An Employee Protection Against Firing For Reasons Unrelated To FMLA

8-9 Because You Asked

9 Nearly 100 Fake Car Inspection Stickers Found In Long Island Village

9 NYVIP MESSAGE No. 214

9 DMV Record Retrieval

9 Attention Inspection Stations

REPAIR SHOP & GASOLINE DEALERS ASSOCIATION (585) 423-9924 -- (716) 656-1035 – rsgda@nysassrs.com – www.nysassrs.com

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Merchants, Consumers Unprepared For Chip Card Deadline Studies performed within the last month suggest that few merchants and consumers are ready for the payment card industry's move to chip payment card technology as a key deadline approaches. Effective Oct. 1, 2015, U.S. merchants will be liable for fraud committed with a chip card if they fail to install in-store point-of-sale technology that complies with Europay MasterCard Visa (EMV), the global technical standard for chip cards. The liability shift is set to occur for fuel islands on Oct. 1, 2017. Just 27% of U.S. merchants will be ready to comply with the EMV standards, according to The Strawhecker Group, a management consulting firm specializing in the global payment industry. From Sept. 1-10, 62 payment companies representing 2.4 million merchants responded to the Strawhecker survey. By December 2015, 44% of U.S. merchants are expected to adopt EMV; however, EMV-readiness will not reach a threshold of least 90% until 2017 -- more than 15 months after the shift, according to the research. Strawhecker found that the three biggest hurdles slowing EMV implementation are processor readiness, gateway readiness, and replacement point-of-sale (POS) terminal readiness. The payment card industry is pushing chip cards because they are more difficult to counterfeit. EMV is a globally accepted card standard that uses an embedded microchip to provide unique data protection when the card is inserted into a chip-card reader, the consulting firm said. Meanwhile, another survey from payment software firm ACI Worldwide suggests that most consumers aren't ready for the introduction of chip cards, either. The survey of 1,000 adults in the U.S. was conducted Aug. 27-30. Some 59% of the respondents who have one or more credit or debit cards said they had not received a new chip-enabled card, and 67% indicated they had not received information from their credit card issuer or bank explaining what EMV means and how it will impact them. Of those who received chip cards, just 32% were aware that the U.S. is adopting EMV, and the majority of these respondents do not know why they received a new card, ACI said. Did You Meet The EMV Deadline? The first EMV (Europay, MasterCard and Visa) liability shift deadline hits on Oct. 1, and the number of convenience store retailers choosing not to upgrade to EMV-capable point-of-sale (POS) devices in-store is estimated to be significant. Although not solely focused on c-store retailers, a June Cayan study of 344 small-business owners and managers concluded 52 percent of these retailers would not be EMV compliant by the Oct. 1 deadline, with 37 percent saying they had no plans to accept EMV cards at the POS after the deadline.

Ed Levin, CEO of International Point of Sale, which sells POS systems, reported that most of his c-store clients have yet to make the EMV upgrade at their stores. “They will only make a change if something stops working,” he said. “[As of] Oct. 1, their Windows XP computers will still be working and their [card] swipers are still working.” Retailers who have not completed the upgrade are at risk. However, the amount of risk is an important question c-store retailers need to ask themselves. According to the Petroleum Marketers Association of America, fraud in the petroleum industry reached $250 million in 2014. If many retailers didn’t upgrade to EMV by the Oct. 1 deadline, the risk retailers are taking decreases due to a strength-in-numbers argument, noted Randy Vanderhoof, director of the EMV Migration Forum, an independent body created by the Smart Card Alliance to address issues in the payments space. “Fraud typically migrates to the least secure party,” he said. “Fraudsters will find merchants that have not made the upgrade. If there are lots of merchants that still did not upgrade to EMV, there are lots of targets for fraudsters to go to and there won’t be any major changes in the chargeback profile. But over time, merchants that are lagging behind will become increasingly higher targets.” Even though the deadline has passed, it is certainly not too late to upgrade. To determine whether a c-store retailer should upgrade its POS devices to become EMV compliant, review a chargeback profile, recommended Chris Schold, senior alliance manager at Mercury Payment Solutions. “Take a look at the number of chargebacks you have each year and multiply that by the average amount of each chargeback,” he said. “So if you have five chargebacks related to fraudulent cards each year and each chargeback averages $30, the retailer will be responsible for $150 per year.” Vanderhoof stressed, however, that retailers may not be aware of the amount of chargebacks they had in the past. Because they formerly had no financial responsibility for these fraudulent incidents, issuing banks didn’t bother to alert them about it. “Retailers need to be aware they have been shielded [in the past] from these incidents because the issuer was responsible, leading them to possibly have a false sense of security,” he said. “After Oct. 1, issuing banks have the authority to chargeback any and all fraudulent transactions that are reported to them. So although fraudulent card activity may not actually rise that much, merchants might see a dramatic increase in chargebacks.” C-store retailers who did make EMV upgrades prior to the Oct. 1 liability shift deadline have discovered there are two phases to becoming EMV compliant at the POS. Phase one is installation of EMV-capable POS hardware, which for many was quite achievable by the Oct. 1 deadline. Phase two, software upgrades, has proven much more elusive. Flash Foods Inc., a chain of 171 convenience stores in Georgia and Florida, was set to have its EMV-capable POS pinpads in place by the liability shift date, Chief Information

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Officer Jenny Bullard told CSNews Online. However, “software updates from our POS provider and our credit card processor are still in the process of being developed and then must be certified by card networks,” she said. “This seems to be the case for many solution providers and processers in the industry so [we are] concerned that the lineup for certification will be long and will delay many providers being able to push the updates down to us, the retailers,” Bullard continued. “And once we have these updates, we have to implement them in our locations. So, meeting that compliance date of October 2015 for inside EMV is still very elusive at this point.” FBI Issues Threat Alert on New EMV Chip Cards Although newly issued EMV (Europay, MasterCard and Visa) credit and debit cards provide more security against cyberattacks than traditional magnetic stripe cards, consumers are not immune to fraud, the Federal Bureau of Investigation (FBI) warned in a public service announcement issued Thursday. “EMV cards can be counterfeited using stolen card data obtained from the black market,” the FBI wrote in its statement. “Additionally, the data on the magnetic strip of an EMV card can still be stolen if the POS [point-of-sale] terminal is infected with data-capturing malware. Further, the EMV chip will likely not stop stolen or counterfeit credit cards from being used for online or telephone purchases where the card is not physically seen by the merchant and where the EMV chip is not used to transmit transaction data.” Convenience store retailers needed to have EMV-compliant devices at the POS as of Oct. 1 or they could be held financially responsible for fraud. The FBI stressed that consumers should use PIN numbers to verify a transaction, as opposed to signature authorizations. The FBI alert also provided advice for retailers. “Merchants are encouraged to require consumers to enter their PIN for each transaction, in order to verify their identity,” stated the FBI. “If a consumer uses a signature, merchants should ask to also see a government-issued photo identification card to verify the cardholder’s identity.” Retail trade groups have long favored banks and credit unions establishing chip-and-PIN transactions and abolishing chip-and-signature transactions, considered to be less safe from cyberfraud. “Retailers have long-argued that PINs are essential to providing cardholders with the security that they deserve. The FBI’s alert should be a wake-up call to the banks and card networks that continue to stand in the way of making PIN authentication the standard in the U.S. just as it has been around the world for years,” said Brian Dodge, executive vice president of the Retail Industry Leaders Association. Retailers who believe they have been a victim of credit card fraud are encouraged to reach out to their local law enforcement or FBI field office and file a complaint with the Internet Crime Complaint Center at www.IC3.gov.

--Donna Harris, dharris@opisnet.com Copyright, Oil Price Information Service Court Says State Can Ban Credit Card Surcharges It is constitutional for New York state to ban merchants from passing along credit card transaction fees to their customers, a federal appeals court ruled Tuesday. The 2nd U.S. Circuit Court of Appeals in Manhattan rejected the findings of a lower-court judge who had sided with five businesses, including a hair salon, an ice cream parlor and a liquor store. They had claimed in a 2013 lawsuit that the law violated their First Amendment and due process rights. The lawsuit pertained to a fee, generally ranging from 2 percent to 3 percent, that merchants must pay to the credit-card issuer each time a customer charges a purchase. New York state passed a law in 1984 that was meant to substitute for an expired federal law that had prohibited credit card surcharges. The appeals court said blocking businesses from passing along the fee to consumers was not a free speech issue because prices do not implicate the First Amendment. The three-judge panel added that "it follows that prohibiting certain relationships between prices also does not implicate the First Amendment." The judges said nothing is "controversial about the government's banning certain prices because of how consumers will react to them." It noted that businesses are permitted to sometimes offer discounts when customers use cash rather than credit cards and that some consumers may be annoyed if they have to pay $103 rather than $100 for the seller's goods merely because they choose to use a credit card. "The fact that sellers can move their sticker prices up and down with relative ease ... does not alter the fact that sticker prices, like any other prices, can be regulated without bringing the First Amendment into play," the ruling said. Lawyers for the plaintiffs did not immediately respond to requests for comment. Attorney General Eric Schneiderman applauded the ruling. "The court held that the law is a valid commercial regulation that does not violate the First Amendment or due process. I look forward to continuing to work to protect consumers from harmful pricing practices," Schneiderman said. Debit Card Reform Should Progress More Debit-card reform, which began four years ago with the passage of the Durbin Amendment, has helped both retailers and consumers by decreasing outrageously high debit fees (due to market dominance by Visa and MasterCard). However, debit fees in the United States still remain among the highest in the industrialized world. Statistics from leading economist Robert J. Shapiro calculate that the Durbin Amendment has saved consumers approximately $24 billion and supported about 150,000 jobs

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during the four years since it became law. But much more work remains to be done to reform the debit and credit card industry. The Richmond Federal Reserve discovered that 90% of retailers recently surveyed reported that they weren’t aware of any drop at all in the debit card swipe fees they pay. Currently, every time a customer swipes a debit card to make a retail purchase, a bank makes a profit that can exceed 500% of the purchase price, according to the Merchants Payments Coalition (UnfairCreditCardFees.com), a group of businesses that are fighting unfair credit card fees. EPA Issues Potentially Costliest Regulations In History On Thursday, the U.S. Environmental Protection Agency (EPA) issued more stringent air quality standards for ground-level ozone, a move that will likely have a significant negative effect on the retail motor fuels market. Under today’s final rule, the ozone National Ambient Air Quality Standards (NAAQS) will be lowered to 70 parts per billion (ppb), down from the current standard of 75 ppb. With the lower standard, more areas of the country will likely be designated as “nonattainment” areas, triggering federal and state regulations directly affecting the retail fuel marketing industry, as described further below. Ground-level ozone, often referred to as smog, is regulated by the EPA under the Clean Air Act (CAA). To protect public health and welfare, the CAA requires the EPA to periodically review and establish NAAQS for six air pollutants, including ground-level ozone. The current ozone NAAQS was established in 2008 and is set at 75 ppb. Last December, the EPA proposed to lower the standard to a range between 65 and 70 ppb. The agency also solicited comments on setting the standard as low as 60 ppb. NACS submitted comments on the proposed standard in March of this year. In its comments, NACS highlighted the potential negative consequences that would result from a more stringent ozone NAAQS. Specifically, NACS stated in the submitted comments that the proposal would result in: • The introduction of reformulated gasoline (RFG) in

what are now conventional gasoline areas • More states and/or localities imposing lower Reid

Vapor Pressure (RVP) requirements • Certain states retaining costly and unnecessary “Stage

II” vapor recovery requirements. The combination of these actions would lead to a balkanized fuels market and higher retail fuel prices for consumers. Moving forward, the EPA will make attainment/nonattainment designations under the updated standard by late 2017. A state or area designated as nonattainment under the standard would be required to develop a State Implementation Plan to demonstrate the steps it will take to attain (i.e. become compliant with) the updated standard. As described in the NACS comment letter to the EPA, some states may choose to include the introduction of specialized gasolines as part of their attainment plans. The nonattainment areas will have between

three and 20 years to reach attainment, depending on the severity of the nonattainment designation. The new ozone NAAQS will be very controversial in Congress. Republicans have been highly critical of a lower ozone standard, stating that nonattainment designations under the standard could negatively impact economic development in designated nonattainment areas. Anticipating the release of the final rule, the Senate Environment and Public Works Committee held a hearing this week on the EPA’s clean air policies, including the updated ozone standard. Chairman Jim Inhofe (R-OK) stated that a more stringent ozone standard will be one of the costliest regulations in history and have detrimental effects on the economy. While Republicans may seek to block the new ozone standard through legislation, such efforts would most likely face a presidential veto. HD Selects NASTF For OEM-To- Independent Service Info Help The heavy duty/commercial vehicle industry recently announced agreement in a Memorandum of Understanding (HD MOU) between the Commercial Right to Repair Coalition and the Engine Manufacturers Association (EMA), where original equipment manufacturers (OEMs) of heavy duty vehicles would provide service information to independent service providers by way of their OEM technical websites. To assist in managing the understanding, search and feedback related to this cooperative effort between HD OEMs and independent HD service specialists, the National Automotive Service Task Force (NASTF) was asked to expand its scope with the addition of heavy duty to its similar service already being provided to the light vehicle industry. “The HD MOU is a perfect fit for NASTF and its mission,” said Charlie Gorman, Immediate past Chairman of NASTF. “NASTF provides the framework for communication and cooperation by making existing services available to HD technicians. We invite and welcome EMA and its members to take full advantage of what NASTF has to offer.” Initially, NASTF will concentrate on updating its popular OEM Service Website index, www.nastf.org/OEMtechsites, with the addition of technical website URLs for all heavy duty vehicle and major component OEMs. Concurrently, NASTF will begin accepting questions from independent HD technicians on the NASTF Service Information Request (SIR) feedback feature, www.nastf.org/FileSIR. As HD OEMs and independent HD service techs gain experience in their new level of shared service information, NASTF will attempt to add helpful features to www.nastf.org to assist HD techs in finding the OEM resource they need, and to assist HD OEMs in successful delivery to those techs of what they have made available. “The Commercial Right to Repair MOU is only the first step in ensuring the independent aftermarket is in an equal position with the dealers to service commercial vehicle

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customers,” said Marc Karon, President of Total Truck Parts, Inc. and representative of the HD coalition. “The Commercial Vehicle Solutions Network (CVSN), which led the fight in right-to-repair for commercial vehicles, is committed to seek out the best solutions to help our industry achieve that equality. NASTF is recognized as being uniquely qualified to provide the linkage to the vehicle manufacturers for software downloads and initially reconciling conflicts dealing with the access to information. CVSN will also work with NASTF on education issues to make sure technicians working in the independent aftermarket are of the highest caliber.” A press release announcing the HD MOU can be found www.cvsn.org/pressreleases-detail.asp?id=140. NASTF was established in 2000 to identify, communicate and resolve gaps in the availability and accessibility of automotive service information, service training, diagnostic tools and equipment for the benefit of automotive service professionals and their customers. NASTF was incorporated in 2006 as a 501(c)(6) not-for-profit organization. Additional details can be found at www.nastf.org. About CVSN: CVSN (www.cvsn.org), with close to 70 members and over 400 warehouse locations across North America, is the voice of the independent aftermarket distributor. The mission of CVSN is to strengthen its members’ businesses through training and education and building strong relationships between members and their supply partners across North America. CVSN is one of the owners of HDAW and hosts an Aftermarket Distribution Summit every September for top industry distributor and supplier executives. EPA Bans Use Of 134a In New Motor Vehicles The U.S. Environmental Protection Agency (EPA) has issued a final rule that would prohibit the use of certain refrigerants and aerosols, including 134a, based on the availability of better substitutes with a lower global warming potential (GWP). These substances were previously approved by EPA under the Significant New Alternatives Policy (SNAP), which was created to review the health and safety impacts of proposed substitutes for ozone depleting substances. The rule, which was signed by EPA Administrator Gina McCarthy on July 2, would ban the use of 134a as a refrigerant in new motor vehicles beginning with model year 2021. The rule would not affect the use of 134a in vehicles already on the road and therefore not affect the ability to service vehicles currently using 134a. Further, the rule prohibits the use of 134a as an aerosol in many automotive products beginning one year after its publication in the Federal Register, which is expected to come in the very near future. EPA is permitting an unlimited sell-through period for aerosols already on the market when the prohibition goes into effect. Certain aerosols will still be permitted to use 134a under certain use conditions, including for refrigerant flushes and for the cleaning of electrical equipment or electronics.

In the 1990s, EPA approved HFC 134a as a substitute for R-12, commonly known as Freon, for motor vehicles based on concerns that R-12 had an adverse impact on ozone depletion. However, EPA now contends that 134a has a high GWP and that substitutes with significantly lower GWP, including 1234-vf, 152a and CO2, are readily available and can be used safely on vehicle air conditioners. EPA further contends that substitutes for 134a in aerosol uses, such as 1234 ze(E), are also available and already in-use. According to an EPA release issued on July 2, “Today’s action delivers on the President’s Climate Action Plan and the administration’s commitment to acting on climate. And it is in line with steps leading businesses are already taking to reduce and replace HFCs with safer, climate-friendly alternatives,” said EPA Administrator Gina McCarthy. “This rule will not only reduce harmful greenhouse gas emissions, but also encourage greater use and development of the next generation of safer HFC alternatives.” Senate Triples Cap On Automaker Safety Violation Fines As part of the multi-year highway funding bill that passed the Senate last week, a provision was added that would increase the cap on fines to $105 million from the current $35 million that car companies can be forced to pay for violations of motor vehicle safety rules. The tripling of the cap came as the number of automotive recalls skyrocketed this year, plus with the news that General Motors admitted that they had responded slowly to reports that their vehicles had a serious ignition switch defect. This provision was met with negative comments from motor vehicle safety advocates who claimed that the approved bill does not go far enough to punish automakers. Many groups are pushing for the ability to impose criminal penalties on auto executives who knowingly hide information from regulators. Further, the National Highway Traffic Safety Administration had called for imposition of a $300 million maximum while certain Senate Democrats had introduced legislation that would have eliminated the cap all together. The increased cap, along with the other provisions included in the long-term highway bill, now goes to the House for approval and will be certainly discussed during cross-chamber negotiations. FDA Halts Sale Of Four R.J. Reynolds Tobacco Products The U.S. Food and Drug Administration issued orders that will stop the further sale and distribution of four currently marketed R.J. Reynolds Tobacco Company cigarette products—including its Camel Crush Bold brand—because the company’s submissions for these products did not meet requirements set forth in the Federal Food, Drug, and Cosmetic Act (FD&C Act). The FDA’s evaluation found that Camel Crush Bold, Pall Mall Deep Set Recessed Filter, Pall Mall Deep Set Recessed Filter Menthol and Vantage Tech 13 cigarettes were not substantially equivalent (NSE) to their respective

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“predicate” products (i.e., products that were commercially marketed as of Feb. 15, 2007) as identified by the manufacturer. The FDA says that at this time, these products can no longer be sold, distributed, imported or marketed in interstate commerce. “We believe that our substantial equivalent applications fully satisfied the guidance the agency provided, and we respectfully disagree with their evaluations of the products in question,” said Jeffery S. Gentry, Ph.D., executive vice president of operations and chief scientific officer for R.J. Reynolds, in a statement. “We supplied the agency with extensive information on each of the products, and responded to all of the agency’s questions. Our product stewardship process is rigorous and ensures that we are producing the highest quality products that meet regulatory requirements.” All of the brands included in the order represent a very small portion of R.J. Reynolds’ business, less than 0.4 share of market. “Our submissions to the agency on these brands were comprehensive and we believe we effectively demonstrated substantial equivalence. We’re examining all of our options at this time,” Gentry said. When the FDA issues an NSE order, the tobacco product in inventory, including at a retail location, becomes adulterated and misbranded. As a result, it is illegal to sell or distribute the product in interstate commerce, or sell or distribute the product received from interstate commerce. Doing so may result in the FDA initiating enforcement action, including seizure, without further notice. Recognizing that retailers may have limited options for disposing of products in their current inventories, the FDA does not intend to take enforcement action for 30 days on previously purchased products that a retailer has in its inventory. Importantly, the policy does not apply to inventory purchased by retailers after the date of the order. Retailers are encouraged to contact their supplier or manufacturer to discuss possible options for existing inventories at specific retailer locations. Senators Introduce Legislation To Raise Smoking Age To 21 U.S. Senators Dick Durbin (D-IL), Brian Schatz (D-HI) and Sherrod Brown (D-OH), along with seven other senators, introduced the Tobacco to 21 Act (S.2100), legislation that would prohibit the sale of tobacco products to anyone under the age of 21. “Thanks to tobacco control measures like banning smoking in public places and placing warning labels on cigarette cartons, far fewer people smoke now than did 50 years ago,” said Durbin in a press release. “We can help prevent a new generation from falling prey to this deadly epidemic by passing another commonsense measure to reduce youth tobacco use: raising the minimum tobacco age of sale to 21.” According to a study released this summer, three out of every four American adults favor increasing the minimum age to purchase tobacco from 18 to 21. “This year, Hawaii

became the first state in the nation to raise the minimum smoking age to 21,” said Schatz. “It was an historic public health achievement that we should adopt nationwide.” “The harder it is for children and teenagers to get their hands on tobacco products, the easier it will be to keep our next generation from becoming hooked on nicotine,” added Brown. “Our country has come a long way on tobacco products—we’ve banned the marketing of cigarettes to children, we’ve prohibited the sale to minors, and we’ve helped people find ways to quit once they are hooked—but we need to do more to keep people from becoming addicted in the first place.” Senators co-sponsoring the bill are: Ed Markey (D-MA), Barbara Boxer (D-CA), Jack Reed (D-RI), Elizabeth Warren (D-MA), Mazie Hirono (D-HI), Richard Blumenthal (D-CT) and Sheldon Whitehouse (D-RI). Companion legislation was introduced in the House of Representatives by Reps. Diana DeGette (D-CO) and Mark Takai (D-HI). Transportation Bill Moving? House Transportation and Infrastructure Chairman Bill Shuster says he's ready to go with a highway bill funding surface transportation for as many months as Ways and Means Chairman Paul Ryan provides revenue for. There's a good chance a two-year extension of tax extenders for 2015 and 2016, including WOTC and VOW to Hire Heroes Act hiring credits for veterans, can be enacted on the Highway bill which must be passed before current highway spending authority expires on October 29th. However, Treasury has thrown a bomb into the legislative mix by informing Congress the debt ceiling will be exceeded by November 5th-a month earlier than anticipated. Speaker Boehner and Majority Leader McConnell have opened talks with the White House for a deal on lifting the debt ceiling, and if these leaders choose, the tax extenders could be enacted on the debt ceiling in lieu of the Highway bill. Any bill to increase the debt limit must also deal with government spending and could go down to the wire on December 11 when present government funding runs out. This would mean another last minute struggle to pass WOTC and other tax extenders, hence passing them on the Highway bill has got to be our top priority now. It's not good form to tell a committee chairman how to do his job, so let's not say outright to Chairman Ryan, "We urge you to pass extenders on the Highway bill." A better message is to say, "It's urgent and important to enact the tax extenders this month in order to avoid another last-minute passage in December which is so disruptive to orderly tax administration. Please act quickly to extend WOTC and VOW To Hire Heroes Act tax credits and other tax extenders for 2015 and 2016 as passed by the Senate." We must go all-out delivering this message to Chairman Ryan, both directly and via Ways and Means members and your own congressman, from now until we get the extenders passed!

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Ryan is still in talks with Senator Chuck Schumer and the White House for an international tax reform bill, supported by TIA, that will cut taxes on future foreign income of US firms but will end tax deferral on past foreign earnings, thus raising billions of dollars in revenue-some of which Ryan wants to use to fund the Highway bill. But those talks are a long-shot and Transportation and Infrastructure Chairman Shuster isn't waiting any longer to report a Highway bill-he says his bill is "ready to go." We're urging him to get it out this week so Ways and Means can mark up the bill this week. What happens next will be up to Chairman Ryan, as Ways and Means must mark up the revenue-raisers and spending cuts to fund the bill. We expect he'll act fast on a markup, as the House will be out for Columbus Day recess from October 10th to October 20th. We could see a markup this week, and our aim is to include 2015 and 2016 extensions for WOTC, VOW To Hire Heroes, Empowerment Zones, and other tax extenders. We have no time to waste getting our message out. We will have an amendment to attach the Senate's tax extenders bill to the Highway bill ready to go during markup unless the Chairman offers his own mark. Speedway To Close 100 Dunkin' Donuts Stores Speedway LLC is closing the Dunkin' Donuts shops located inside 100 of its convenience stores, Dunkin' Brands Inc. recently told analysts. However, that doesn't mean Speedway, the retail business unit of Marathon Petroleum Corp., is giving up on the donut business or the Dunkin' brand. Speedway will still have 500 Dunkin' Donuts shops at Speedway sites. The closures only affect franchisee-owned shops, not the Dunkin' Donuts shops Speedway operates. "In 2007, we signed a 500-unit deal with Speedway to open up in their locations, run by Speedway," said Paul Carbone, Dunkin' Brands' CFO. "Through 2011, they opened up 500 units. Nothing changes there. The 500 units are open today and will be open going forward." In 2012, Dunkin' signed an agreement with Speedway for another 100 units inside Speedway locations that were franchisee-owned. However, Speedway this year notified Dunkin' and the franchisees it intended to close those shops between 2015 and 2016, Carbone said. Those 100 store closures represent only about 1% of Dunkin' Brands' 8,500-unit network and only 8 basis points of the company's revenue, he said. "I don't want to minimize the 100 closings but these aren't traditional stores," Carbone told analysts. "I can open up 10 traditional stores to offset the 100 Speedways (that close)." The company is "very aggressive" in seeking to open traditional donut shops and has identified seven or eight already, which means it is "already close to breakeven," he said. --Donna Harris, dharris@opisnet.com Copyright, Oil Price Information Service

Final Terms Of BP’s Oil Spill Settlement Disclosed The U.S. Justice Department and five states announced a final $20-billion settlement with BP plc regarding environmental damage claims related to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. According to The Associated Press, the deal struck on Oct. 5 still must be approved by a judge and go through a 60-day public comment period. If the settlement filed in federal court in New Orleans is approved, all civil claims against London-based BP would be settled. Under the $20-billion settlement, the oil company would be required to pay $5.5 billion in Clean Water Act penalties; a total of $5 billion to Alabama, Florida, Louisiana, Mississippi and Texas; and $8.1 billion in natural resource damages. “BP is receiving the punishment it deserves, while also providing critical compensation for the injuries that it caused to the environment and the economy of the Gulf region,” Attorney General Loretta Lynch said during a Justice Department news conference. BP spokesperson Geoff Morrell responded that the settlement includes amounts already spent or disclosed by the company and “resolves the largest litigation liabilities remaining from the tragic accident.” The Deepwater Horizon accident was a 134 million-gallon oil spill that affected 1,300 miles of shoreline. Gas Station Owner Ordered To Pay $100K+ In Whistleblower Suit A federal judge yesterday sided with the U.S. Department of Labor and ordered an Idaho gas station to pay more than $100,000 to an ex-employee who said he was fired after reporting federal safety violations, court records show. Sydney Oskoui, owner of Sandpoint Gas N Go & Lube Center Inc., filed an appeal yesterday following the decision. Court records show that Oskoui argued the DOL case was erroneous and the employee had left his job voluntarily. The U.S. District Court for the District of Idaho ordered Oskoui to pay ex-employee Daniel Kramer $979.25 for lost wages and interest through June 30, 2015, as well as $100,000 in punitive damages plus interest from yesterday's judgment through the date the damages are paid in full. The court said the service station also must post on an employee bulletin board a copy of the judgment as well as a notice saying it will not discharge or discriminate against employees who report safety violations to the Occupational Safety and Health Administration. The notice must say that whistleblowers who believe they have faced discrimination can report complaints with OSHA's Boise, Idaho, office. According to the DOL complaint, Kramer told Oskoui that he was concerned employees were exposed to unsafe working conditions violating federal safety standards. The complaint said the shop failed to correct the unsafe conditions.

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The DOL said that on Feb. 21, 2012, Kramer contacted OSHA, a division of the Labor Department, to report the following violations:\ • the lube center lacked nets over open auto service bays

creating a fall hazard; • the station had out-of-date fire extinguishers; • the service center had exposed wiring near water leaks

creating an electrical shock hazard; • the site lacked a first-aid kit and an eyewash station; and • the station failed to provide hard hats for employees. Several days later, an OSHA inspector found seven violations, including five violations of mandatory safety and health standards that could cause death or serious injury, the DOL said. In April, OSHA told the station owner that it would issue citations and penalties as a result of the inspection, and Kramer was fired four days later, the DOL complaint said. The DOL said the station admitted six violations of mandatory safety standards and paid a civil penalty. Kramer filed a whistleblower complaint with OSHA May 1, 2012, alleging the station and its owner discriminated against him because he reported safety violations. The DOL filed suit on Kramer's behalf on Aug. 27, 2014. --Donna Harris, dharris@opisnet.com Copyright, Oil Price Information Service Requesting FMLA Leave Does Not Give An Employee Protection Against Firing For Reasons Unrelated To FMLA SESCO reports a federal appeals court has determined that a customer service representative who was fired for performance issues during the same period of time in which she requested leave under the Family and Medical Leave Act (FMLA) to care for her child could not support her FMLA discrimination claim. The court's dismissal of the claim was based on the fact that the employee was unable to show that the reason set forth by the company for her discharge - multiple shipping errors within a 17 day period - was a pretext for discriminatory treatment based on her request for leave. One critical point raised by the court was that the company's explanation for the employee's firing remained constant throughout the process. Because the company documented the performance issues, and remained constant in its assertion of those issues as the basis for the employee's firing, it was able to overcome the employee's pretext argument. Requesting FMLA leave does not give an employee greater protection against firing for reasons unrelated to FMLA. However, when an adverse employment action is considered against an employee who ultimately may assert a legally protected status - including FMLA protection - attention should be paid to the existence of supporting documentation, the objective factual background, and the consistent application of discipline.

NLRB Holds Restrictions On Employee Communications During Non-Working Time Violate The NLRA The National Labor Relations Board (NLRB) has held that certain provisions of a media giant's Code of Conduct unlawfully interfered with the right of employees to engage in concerted activity in violation of the National Labor Relations Act (NLRA). The NLRB held that the restrictions relating to "solicitation and fundraising," which prohibited employees from using the company's communications system for distributing materials to one another even during non-working time, violated the NLRA. The NLRB also held that the "prohibited activities" section also violated the NLRA; this section prohibited employees from using company email to communicate with each other on behalf of outside organizations in ways that might cause the company "embarrassment." In the decision, the NLRB stated that employers should now be well aware that they cannot completely ban all employee use of company email systems for purposes that, in management's view, are not necessarily conducive to the organization's business goals. Because You Asked Question: Is there sales tax on warrantee automotive used cars sold at a dealership? Answer: Here’s what Publication 838, A Guide to Sales Tax for Automobile Dealers, says about warranties: When a dealer sells a warranty, extended warranty, or service contract, the sale is subject to sales tax at the same jurisdictional rate as the tangible personal property (motor vehicle) covered by the contract. There is no additional sales tax due on any tangible personal property and services provided to the customer at no charge under the warranty contract (for example, free oil changes provided as part of a service contract). When the work provided to the customer is only partially covered under the warranty contract, any additional charges are subject to sales tax. Question: My employee has just resigned. Do I have to pay him vacation pay? Answer: According to the New York Department of Labor, yes, unless you have a written policy in effect describing the conditions (i.e. resignation, termination) under which the vacation is forfeited. You may also have a written policy under which vacation time is earned as you go along, and will only be paid on a prorated basis. Question: Are service stations in New York required to provide air to the motorist. Answer: According to the General Business Law, any dealer with four or more gas dispensing nozzles for the retail sale of motor fuels must provide on the premises a functioning motor driven air compressor capable of inflating automobile tires for us by customers during hours in which such station is open for business. Wilful failure to comply with the provisions of this section shall subject a dealer to a civil penalty of up to

Newsletter 9

twenty-five dollars for each day such failure occurs. If the failure to comply results from breakdown of the air compressor, the failure to repair within a reasonable time shall constitute willful conduct. Note: Service stations may charge for this service except in two towns on Long Island. Nearly 100 Fake Car Inspection Stickers Found In Long Island Village September 15, 2015 7:31 PM BABYLON, N.Y. (CBSNewYork/AP) — Police in Babylon, Long Island issued a warning Tuesday about an alleged car safety scam with a potential danger for anyone on the streets. As CBS2’s Jennifer McLogan reported, they found dozens of cars with bogus inspection stickers on their windshields. Babylon Village Code Enforcement Officer Paul Schulhaus said they have found 93 phony stickers for both 2015 and 2016. About half of the fake stickers were found at the Long Island Rail Road parking lot in Babylon, according to village officials. Counterfeit stickers also have been found in Brookhaven and Islip. The sophisticated imitations are replete with bar coding, serial numbers, coloring, and printing that simulate the real thing. Babylon Code Enforcement Officer William Whittier said a legitimate sticker goes for $37, but fake stickers go for more than $200. “They’re mass produced, it’s not somebody making a photocopy on their computer,” Schulhaus told 1010 WINS’ Mona Rivera. “Somebody is doing it and distributing it kind of widely and we suspect it’s probably not just on Long Island.” A fake sticker could help a car owner avoid costly repairs – brakes, mufflers, emissions and tires. But it could be endangering the lives of pedestrians, cyclists and other drivers’ wheels fly and brakes fail. “It can be dangerous, because you could be riding in a car that is hazardous,” one woman said. “It is something to worry about,” a driver, named Chris, told WCBS 880’s Mike Xirinachs. “It could break down in the middle of the road and somebody could get into a really bad car accident.” “There’s a lot of cars on Long Island and it could be unsafe,” another driver, named Paul, said. The Babylon LIRR lot where many of the fake stickers were found is one of the busiest on the South Shore of Long Island – drawing commuters from other locales. Schulhaus said some of the imitations are blurry and the color fades or bleeds. Suffolk County police were investigating after reports of the fraud in Babylon spread to Islip and Brookhaven. Consequences for those who are caught are dire. “They can be charged with a Class D felony, which is criminal possession of a forged instrument in the second degree,” said Suffolk County police Chief William Madigan.

If it is proven that a defendant knowingly possessed, produced or sold the phony stickers, that person could be sentenced to two and a half to seven years in prison. Suffolk County Police report they’ve made 14 arrests and given out 51 summonses so far, Rivera reported. Copyright 2015 CBS Radio Inc. ASSOCIATION NOTE: We wonder if DMV has any ongoing investigations. NYVIP MESSAGE No. 214 DATE: OCTOBER 15, 2015 TO: ALL INSPECTION STATIONS FROM: NYS DEPTARTMENT OF MOTOR VEHICLES SUBJECT: 2017 STICKER ORDERING NOW AVAILABLE Below are instructions for ordering next year’s stickers. Effective today, October 15, 2015, inspection stickers with an expiration year of 2017 are available for order. HOW TO ORDER STICKERS: To order stickers on the NYS DMV website go to http://dmv.ny.gov/sticker/default.html It is your responsibility to order next year’s stickers promptly so that you have proper supply on hand by January 1, 2016. Sticker orders are processed in the order received. Please allow 4-5 weeks for processing. If you have any questions, please contact Sticker Issuance at (518) 474-2398. DMV Record Retrieval DMV record retrieval is available to association members and affiliates at a cost of $12 per record. Additionally, you may order DMV certified paper abstracts of driver’s license, vehicle registration, and vehicle title records for an additional fee of $2 per abstract. Please call 585-423-9924 or 716-656-1035.

Attention Inspection Stations The Association has received a flurry of requests for legal representation for violations of the DMV commissioner regulations known as "clean scanning." that is when a vehicle other that the one to be inspected is substitute for the OBD-II part of the test. We have no defense for these violations. DMV has the ability to trace the OBD-II inspection to the vehicle used for the inspection. If you cannot pass a vehicle for any reason, get help. That help could come from DMV. This violation almost always results in revocation.

Eligible Customers:

New to ProDemand, TeamWorks or any Truck Product.

Upgrading to TeamWorks from ProDemand.

Promotion effective through November 27, 2015.

To receive one, two, or three months free, subscribers agree to 13-month, 14-month, or 15-month commitment.

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New subscribers get their first one, two or three months free of payments. Get one month free with one new product, two months for two, and three months for three products.

Eligible Products Include:

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• Manager SE - helps you manage all aspects of your shop — from front to back — more efficiently.

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• Truck Products - comprehensive coverage for class 4-8 now including labor estimating.

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© 2015 Mitchell Repair Information Company, LLC. All Rights Reserved. Mitchell 1® is a registered trademark used herein under license.. Prices subject to change.

For more information or to find your local Mitchell 1 representative, visit www.mitchell1.com or call 888-724-6742.

Promo Code: 123FREE

FREE MONEY BE A MEMBER OF OUR ASSOCIATION OR AFFILIATES

FILL OUT THIS FORM AND FAX BACK TO US BUY $7500 IN PARTS IN ONE QUARTER FROM YOUR NAPA DEALER

RECEIVE A REBATE CHECK FOR 2% OF YOUR PURCHASES (MINIMUM OF $150 REBATE) PUT THE MONEY IN YOUR POCKET

NOTE: YOU CAN NOT BE A MEMBER OF THIS AND ANOTHER NATIONAL NAPA PROGRAM

FREE MONEY

Name of Your Business: Business Address Street: City:

State: Zip:

Phone:

Fax: E-Mail:

Name of NAPA Dealer: NAPA Street Address: City:

State: Zip:

Phone:

Fax:

Additional NAPA Dealer(s) you do business with:

Name of NAPA Dealer: NAPA Street Address: City:

State: Zip:

Phone:

Fax:

Name of NAPA Dealer: NAPA Street Address: City:

State: Zip:

Phone:

Fax:

FAX this form back to: 518 452-1955

ARE YOU AN OWNER OR EMPLOYEE IN NEED OF TRAINING?

DO YOU WANT TO PROTECT YOUR BUSINESS FROM

EXCESSIVE FINES OR

THE POSSIBLE LOSS OF YOUR: TOBACCO LICENSE

LOTTO LICENSE ALCOHOL LICENSE?

DO YOU WANT TO BE CERTIFIED IN SECTION 609 MOTOR

VEHICLE AIR CONDITIONING (MVAC)?

THE NEW YORK STATE ASSOCIATION OF SERVICE STATIONS & REPAIR SHOPS

OFFERS ON-LINE COURSES THAT NOT ONLY PROVIDE TRAINING AT YOUR CONVENIENCE, BUT AT VERY

COMPETITIVE PRICES FOR BOTH MEMBERS AND NON-MEMBERS OF OUR AFFILIATES

ALL INFORMATION AND MATERIALS ARE PROVIDED

THROUGH OUR WEBSITE AT: NYSASSRS.COM

QUESTIONS CAN BE DIRECTED TO (518) 452-4367. WE ARE AVAILABLE TO PROVIDE PERSONAL ASSISTANCE.

Garage Insurance Survey

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State: Zip:

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Contact Person:

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If yes STOP here… If NO or NOT SURE you may want to look at the following Is your coverage insufficient?

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Is so please check each that apply: Property & Casualty Workers Comp Disability Health If you checked one or more of the above please provide the following information: Name of Current Insurer: Type of Insurance: Renewal Date: When/How is the best time to contact you?

If you are interested in learning how you may save on insurance costs Please fill out and fax to your local association at 518-452-1955

Lawley Declares Dividend for 23rd Year

Declared Dividend is 20%

In 2015* the New York State Association of Service Stations & Repair Shops, Inc. is proud to declare a dividend for the Workers Compensation

Group #536 of 20% . This will be the 23rd consecutive year that the group will pay the dividend. This dividend is in addition to the up front 20% discount that all members could enjoy. Checks will be processed on 4/17/2015 and mailed directly to your address by The State Insurance Fund. * Applies to Policy Term 5/1/13 - 5/1/14

Further Details

Please contact: Bill Adams at 716.849.8641 or by email at badams@lawleyinsurance.com if you have any questions or concerns. NYSASSRS & Lawley Partnership

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