OPMCA Connection
Keeping You Informed!


OPMCA Connection keeps you informed and current on regulations from all state and national agencies as well as laws pertaining to the petroleum marketing/c-store industry.
OPMCA STAFF

Candace McGinnis
Executive Director  
Candace@opmca4you.com 

Hannah Fite
Director of Member Services  
Hannah@opmca4you.com

OPMCA  
6420 N. Santa Fe, Suite B
Oklahoma City, OK 73116
Phone: (405) 842-6625 
(800) 256-5013 
Fax: (405) 842-9562
OPMCA Convention Registration
NOW OPEN!
The 2020 OPMCA Convention will be held on May 5th, with the Oklahoma Super Trade Show the following day on May 6th. OPMCA encourages all members to attend and participate in convention activities. Online registration is now open!
May 5 - May 6, 2020 Tentative Schedule of Events
Tuesday, May 5th:
  • 7:00 AM - Golf Tournament at the Golf Club of Edmond
  • 8:00 AM - Shotgun Start
  • Luncheon and Golf Prizes at the end of Tournament
  • 6:30 PM - OPMCA Chairman's Evening Honoring Kurtis Hutchinson at the Devon Boathouse

Wednesday, May 6th:
  • 7:00 AM - Inspirational Breakfast at the Skirvin Hotel
  • 9:00 AM - Oklahoma Super Trade Show Opens
  • 3:00 PM - Trade Show Floor Closes
  • 7:00 PM - Supplier Dinners (Announced by Suppliers)
2019-2020 Board of Directors

Jerry Davidson, Chairman  
 Pete's Corporation

Tommy Shreffler
OnCue Marketing, LLC

Teresa Hollenbeck
Red Rock Distributing Company

Kurtis Hutchinson
Hutchinson Oil Company

Jason Flinn
Flowers Oil Company

Rob Toth
Coffeyville Resource
Thursday, Jan. 30, 2020
  • ANNUAL OSHA WORKPLACE INJURY AND ILLNESS POSTING BEGINS FEBRUARY 1st

  • NEW OKLAHOMA APP

  • IRS Issues Guidance on Claim Process for Retroactive Biodiesel Blender Credit

  • Update on Major Retirement Plan Changes

  • Final Joint Employer Rule is Released

  • FDA Issues Another Statement on Tobacco 21

  • House Subcommittee Holds Hearing on Cannabis

  • Federated Insurance January Educational Articles
ANNUAL OSHA WORKPLACE INJURY AND
ILLNESS POSTING BEGINS FEBRUARY 1st
The 2019 posting cycle for OSHA’s workplace injury and illness reporting rule begins on February 1, 2020 and runs through April 30. The OSHA injury and illness recording and posting requirements apply to most establishments (workplaces) with more than 10 employees. OSHA requires employers to record and post all work-related injuries occurring during the previous calendar year. The following list identifies establishments within the petroleum marketing industry and indicates whether the establishment must comply with the OSHA Injury and Illness recording and posting requirements.

NEW OKLAHOMA APP
The state just launched a new app for residents to quickly renew vehicle registrations and order birth certificates without going to a govt office. The app is called "myOklahoma." Visit http://myoklahoma.ok.gov or download the app on your device.
IRS Issues Guidance on Claim Process for Retroactive Biodiesel Blender Credit
The IRS has issued special one-time claim procedure (IRS Notice 2020-8) for the $1.00 per gallon biodiesel blender credit, the 50 cents per gallon alternative fuel and alternative fuel mixture credits. The credits were reinstated retroactively for calendar years 2018 and 2019 under the Taxpayer Certainty and Disaster Tax Relief Act of 2019 (the Act). 

The special procedures allow for one-time credits and payments covering the entire 2018 and 2019 claim period. Congress reauthorized the retroactive biodiesel blenders credit through December 31, 2022 and alternative fuel and the alternative fuel mixture credits through December 31, 2020. 

Click here to view the complete Compliance Bulletin.

Update on Major Retirement Plan Changes 
The SECURE Act, enacted into law on December 20, 2019, changed several retirement plan provisions, but will also have a significant impact on estate planning for those who have saved meaningful amounts for their retirement. Click here to read the Small Business Legislative Counsel’s (SBLC) regulatory report. 

Final Joint Employer Rule is Released 
A couple of weeks ago, the Department of Labor (DOL) announced a final rule to revise and update its regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA). The final rule provides updated guidance for determining joint employer status when an employee performs work for his or her employer that simultaneously benefits another individual or entity, including guidance on factors that are not relevant when determining joint employer status. The effective date of the final rule is March 16, 2020.  

As expected, DOL's rule established a "high bar" for joint-employment under the FLSA, which is supported by PMAA and is an important shift away from Obama-era policy.   

The final rule:   

  • Specifies that when an employee performs work for the employer that simultaneously benefits another person, that person will be considered a joint employer when that person is acting directly or indirectly in the interest of the employer in relation to the employee; 

  • Provides a four-factor test to determine when a person is acting directly or indirectly in the interest of an employer in relation to the employee, by weighing whether the business, with regard to its franchisee or contractor, maintains the power to hire and fire; to supervise schedules and “conditions of employment;” to set pay; and to keep employment records; 

  • Clarifies that an employee’s “economic dependence” on a potential joint employer does not determine whether it is a joint employer under the FLSA; and specifies that an employer’s franchisor, brand and supply, or similar business model and certain contractual agreements or business practices do not make joint employer status under the FLSA more or less likely.  

The final rule also provides several examples applying the Department’s guidance for determining FLSA joint employer status in a variety of different factual situations. The rule was published yesterday in the Federal Register. Click here for more information.   

Labor groups are expected to file suits against the final joint employer rule.

FDA Issues Another Statement on Tobacco 21
Earlier in January, the FDA issued another statement regarding implementation of the new tobacco 21 law. Click here to read the statement. 

PMAA and other retail associations are asking FDA for further clarification to effectively make the transition to tobacco 21. In the meantime, PMAA advises that all retailers make every effort to comply immediately with the tobacco 21 law.

House Subcommittee Holds Hearing on Cannabis
On January 15th, the House Energy and Commerce Committee Subcommittee on Health held a hearing titled “Cannabis Policies for the New Decade.” The purpose of the hearing was to examine federal policies on marijuana and discuss six bills involving laws on marijuana. 

The six bills propose various policy changes from rescheduling or de-scheduling marijuana, to providing a safe harbor for patients and veterans who use medical marijuana and streamlining cannabis research processes. Policies on cannabidiol, commonly known as “CBD,” were also discussed.

In his testimony, Matthew Strait (Senior Policy Advisor, Drug Enforcement Administration) discussed his agency’s involvement in the research of marijuana. He said the DEA has already drafted legislation to expand the number of licenses granted to grow research-grade marijuana. He also said his agency “shares the view that medical decisions should be based on science and adherence to the established drug approval process which ensures that only safe and effective drugs are approved to be available in the United States.”

Dr. Douglas Throckmorton (Deputy Director, Center for Drug Evaluation and Research, Food and Drug Administration) focused on questions surrounding CBD products that have become popular across the country. He said the “FDA is considering questions not only about the intrinsic safety of CBD, but also about potentially unsafe manufacturing processes for products containing CBD. He added that the agency “is considering the possibility of new legal pathways for CBD products, we know that it is important to maintain adequate incentives for drug research and development.”

Dr. Nora Volkow (Director, National Institute on Drug Abuse, National Institutes of Health) told the committee about the adverse health effects of marijuana according to research done over the years. She said, “Cannabis can interfere with the proper development and regulation of brain circuitry” in fetuses and that “THC exposure during adolescence increases subsequent sensitivity to the rewarding effects of other drugs.”

The common opinion of the three witnesses was that they all believe more federally funded research on marijuana is needed. However, marijuana research bills are not likely to move anytime soon, even with some bipartisan support for increased research. Senate Majority Leader Mitch McConnell (R-KY) has said that he will not bring marijuana legislation to the floor this year.

Federated Insurance January Educational Articles
RISK MANAGEMENT CORNER

HR QUESTION OF THE MONTH

IT'S YOUR LIFE