ASAP Energy, Inc.

Coffeyville Resources

Domino Equipment Company

Federated Insurance

General Lighting & Sign

GROWMARK, Inc.

HollyFrontier

Image Builders

Pete's Corporation

Phillips 66

Shell Oil Products US

Sinclair Oil Corporation

The Taylor Group

Federated Insurance

Sinclair Oil Corporation

Phillips 66

Federated Insurance

Valero Marketing & Supply Co.

Phillips 66

Shell Oil Products US

Phillips 66

Coffeyville Resources

Coffeyville Resources

September is We Card Awareness Month and it’s a great time to train or re-train employees and raise awareness of the FDA regulations and state law compliance.

OPMCA encourages all retailers to continue in their efforts to successfully identify and prevent underage age-restricted product sales. We Card resources include: 

At the end of August, the Federal Motor Carrier Safety Administration (FMCSA) added Arkansas, Missouri, Oklahoma and Tennessee to the list of states (Alabama, Louisiana, Mississippi and Texas) who were granted an Hours of Service (HOS) waiver in response to Hurricane Laura through September 23, 2020.

Click here to read the notice. The waiver applies to all CDL drivers nationwide who deliver designated emergency supplies including fuel into the emergency areas covered by the declaration. FMCSA Regulations Exempted: Parts 390 through 399 of FMCSA regulations as limited by the waiver.

PMAA will continue to work closely with the FMCSA and other federal agencies to ensure regulatory waivers important to petroleum marketers are in place throughout the duration of the storm related emergency.

The Centers for Disease Control (CDC) issued updated guidance recommending certain practices for businesses during the COVID-19 pandemic. According to the guidance, the agency recommends that retail workers should not “argue with a customer if they make threats or become violent,” in reference to “anti-mask” customers. Furthermore, the agency says that employees should not "attempt to force anyone who appears upset or violent to follow COVID-19 prevention policies or other policies or practices related to COVID-19." The guidance adds that should employees be confronted with threats or violence; they should remove themselves and find a safe area.

Click here to view the updated guidance for businesses.

The Federal Motor Carrier Safety Administration (FMCSA) is proposing a new 3-year pilot program to allow CDL drivers to pause their 14-hour maximum daily on-duty time under certain circumstances. The pilot program is important to petroleum marketers because a pause in driver daily maximum on-duty time would increase driver productivity and provide more scheduling flexibility than is allowed under the current HOS rules. Specifically, the pilot program (Split Duty Period Pilot Program) would allow participating CDL drivers to pause their 14-hour maximum daily on-duty period with one off-duty period of no less than 30 minutes and no more than 3 hours.

Click here to view the full article.

Earlier in September, PMAA asked both the Federal Motor Carrier Safety Administration (FMCSA) and Transportation Security Administration (TSA) to extend the federal regulatory waivers that recognize the validity of expired or expiring CDL licenses and hazardous material endorsements (HME). The current FMCSA waiver authorizing the validity of CDLs expiring on or after March 1, 2020 ends on September 30, 2020. The TSA waiver authorizing the validity of HMEs expiring on or after March 1, 2020 ends on October 29, 2020.

Click here to view the article.

Earlier in September, the IRS issued guidance for employers who wish to defer payments of certain federal payroll taxes. The new IRS guidance implements President Trump’s recent Executive Order allowing for the voluntary deferment of withholding and payment of the social security tax contribution share paid by the employee.

Click here to view the full article.

The Department of Transportation (DOT) has issued guidance on the newly revised Federal Drug Testing Custody and Control Form (CCF Form). The CCF Form was revised by the Department of Health and Human Services and is used for the federal employee drug testing program. The DOT is required by law to use the CCF Form for the DOT drug testing program specimen collection. The guidance clarifies that while the HHS added “oral fluid” specimen collection to the revised CCF Form, only urine specimen collection is authorized under the DOT drug and alcohol testing program. The DOT wants users to know that oral specimen drug testing is not authorized under the DOT drug program although it now appears on the revised form. The revised CCF Form can be viewed here.

Click here to view the full article.

Last week, Judge Gregory Woods of the U.S. District Court for the Southern District of New York held that the Department of Labor (DOL) overstepped its regulatory authority in issuing the new standard for joint employer determination. The Judge’s ruling was in response to 17 states and the District of Columbia who filed a lawsuit to overturn the joint employer final rule issued by the DOL effective March 16, 2020 stating that the final rule is “arbitrary and capricious.” Judge Woods found that the four-part test to determine if one company is a joint employer of another company is too narrow. The test considers all factors together, whether the potential joint employer hires employees; supervises or controls work schedules; sets pay rates; and maintains employment records. However, the test requires an employer to actually exercise one of the four factors in order to qualify as a joint employer, instead of simply reserving the right to do so, which makes the standard inconsistent with the FLSA, Judge Woods ruled.

DOL's final rule established a "high bar" for joint-employment under the FLSA. Employer groups are pushing back and urging the DOL and the Department of Justice to appeal the decision. PMAA continues to support it to DOL final rule and for a brief refresher, please see below.

As a result of the Court’s decision, there is substantial uncertainty as to how the Joint Employer Rule will be applied in the short and long term. By setting aside the rule, it would appear that the pre-March 2020 Obama-era rule would be reinstated, at least during the pendency of the expected appeal of Judge Woods’ ruling. Unlike the final rule discussed above, the Obama-era Joint Employer Rule looked to whether an entity had the “reserved” authority to control pay rates, work schedules, and hiring and firing of employees, irrespective of the authority was ever exercised. It is extremely unlikely at the present time that legislation or further administrative action will resolve the matter short of further litigation in the courts.

It was reported last week that President Trump has directed EPA to deny refiners’ retroactive biofuel blending exemption requests. Refiners have requested that the EPA grant them biofuel exemptions going back to 2012 which could allow them to circumvent a January decision from U.S. Court of Appeals for the 10th Circuit, which said a refinery can receive new exemptions only if they have received them continuously since the program began. Senator Ernst (R-IA), who is in a tough reelection race, urged President Trump to reject the refiners’ request and Iowa is a key swing state for the President to win.

Click here to read the story.

In a recent statement, the EEOC said “The Americans with Disabilities Act (ADA) does not interfere with employers following recommendations by the CDC or other public health authorities regarding whether, when, and for whom testing or other screening is appropriate. Testing administered by employers consistent with current CDC guidance will meet the ADA’s ‘business necessity’ standard.”