March 27-29, 2017
Saint Paul Rivercentre
St. Paul, MN
Federal Judge Blocks Job Killing Overtime Final Rule
Great News for Petroleum Marketers
A Texas federal judge has entered a nationwide preliminary injunction blocking the implementation of the Department of Labor’s (“DOL”) overtime rule that was set to go into effect on December 1. In a 20 page order, U.S. District Judge Amos Mazzant ruled that the DOL overstepped its authority by raising the salary threshold for receiving mandatory overtime from $23,660 to $47,476 a year, or from $455 to $913 a week. In substance, the court held that the Fair Labor Standards Act (FLSA) did not envision a salary test for determining whether a salaried employee performs sufficient managerial functions to warrant a “white collar” exemption from the overtime rule. The Court rejected the DOL’s plea to hold off on an injunction, finding that the states and business groups that sued the DOL would suffer sufficient injury during the pendency of the case to warrant an order blocking the rule until the case is decided on the merits.
The nationwide temporary injunction means that DOL cannot enforce the new overtime rule until the case is decided on the merits or until the Fifth Circuit Court of Appeals, a relatively conservative court, overturns the injunction. The DOL has a right to appeal Judge Mazzant’s order, and it is likely to do so. It is unlikely; however, that the Court of Appeals will set aside the injunction on a preliminary basis before the appeal is decided. Nor is it likely that the appeal will be decided by January 20, when the new Administration takes office.
The new Administration could withdraw the appeal when takes over in January, allowing the injunction to remain in effect and providing the new Administration or the Republican Congress with time to rescind the rule on a permanent basis. Bottom Line: While the DOL overtime rule is now on a temporary hold, many employers have already changed the way they pay their workers to meet the new requirements of the new rule. Unless or until the injunction is lifted, these employers can revert back to complying with the existing rule.
MN Department of RevenueChanges to filing Petroleum Tax returns in e-Services
The Minnesota Department of Revenue is updating our electronic filing system effective for your January 2017 return (due February 23).
These changes affect you if you are a licensed distributor or special fuel dealer and file using our Excel template or by entering information directly into e-Services.
These changes do not affect you if you file using electronic data interchange (EDI).
If you file using our Excel template
You will open your Petroleum Account in e-Services and upload your text file into the filing period. The system will create your tax return and then you must verify your data.
Please download the most recent version on our website. See Distributor Schedules: Microsoft Excel Templates and Minnesota Producers: Excel Template for links to the updated templates.
If you previously entered summary data on your return
You will now be required to enter detailed information about your monthly transactions in e-Services, including product codes and schedule codes.
In both processes, when you are finished, the system goes to payment options where you complete the filing and payment process.
For more information
Go to our website to:
Save and Finish Later
You can use Save and Finish Later when you file your January return. This allows you to save a partially completed return and come back to finish it within 14 days. Previously, you had to complete and submit your return at the same time.
How it works
Click the Save and Finish Later button, which appears on the screen of any process that you can save. A confirmation screen will open with instructions on how to complete the process when you’re ready.
Note: You must go back into your return or request within 14 days or it will expire and you’ll have to start over. The 14-day period is reset each time you go back into the return.
If you have questions, please contact the Petroleum Tax Unit at 651-296-0889 or firstname.lastname@example.org.
DOT Safety Advisory
November 10, 2016
Duane DeBruyne, 202-366-9999
FMCSA Issues Safety Advisory for the Immediate Repair of
DOT407 and DOT412 Cargo Tanks
Manufactured by Keith Huber Incorporated Prior to May 1, 2013
WASHINGTON – The Federal Motor Carrier Safety Administration (FMCSA) is issuing a Safety Advisory to provide notice to owners and operators of DOT407 and DOT412 cargo tank motor vehicles manufactured by Keith Huber Incorporated.
These cargo tanks are NOT in compliance with Federal Hazardous Materials Regulations (HMRs) and do NOT meet 49 CFR 178.347. This Safety Advisory is for cargo tanks manufactured by Keith Huber Incorporated PRIOR TO MAY 1, 2013.
* IMPORTANT NOTE: Keith Huber Incorporated is no longer in business and ceased manufacturing cargo tanks on or about May 1, 2013. Keith Huber Incorporated is a distinct entity from the Keith Huber Corporation. Cargo tanks manufactured by the Keith Huber Corporation are NOT subject to this Safety Advisory.
Continued use of the Keith Huber Incorporated DOT407 and DOT412 cargo tanks in specification hazardous materials service is prohibited; owners and operators are subject to immediate enforcement and civil penalties.
CLICK HERE https://www.fmcsa.dot.gov/safety/safety-advisory-immediate-repair-cargo-tank-motor-vehicles-manufactured-keith-huber to read the full safety advisory.
Owners and operators with questions are directed to contact FMCSA’s Hazardous Materials Division at email@example.com.
We have had a few calls to the Association office regarding the sale of B-10 in Minnesota. On April 30, 2014 Governor Mark Dayton signed a bill that modified the biodiesel mandate chapter 239.77. The following should help you understand the changes and what actions you will need to take to sell biodiesel at retail…
• On April 1, 2016 through September 30, 2016, considered warm months, the biodiesel content must be at least 10% biodiesel fuel by volume going forward.
• During the cold weather months, October 1 through March 31, the biodiesel mandate reverts back to at least 5% biodiesel fuel by volume.
• On April 1, 2018 through September 30, 2018 the biodiesel mandate moves to 20% biodiesel fuel by volume.
• #2 Biodiesel Exemptions include…
• Motors located at an electric generating plant regulated by the Nuclear Regulatory Commission.
• Railroad locomotives.
• Off-road taconite and copper mining equipment and machinery.
• Off-road logging equipment and machinery.
• Vessels of the United States Coast Guard and vessels subject to inspection under United States Code, title 46, section 3301.
• Generators tested and validated by an entity that designs and manufactures the generators for use in jurisdictions where biodiesel use is not required.
• The exemptions listed above do not have a sunset date.
• Number 1 diesel fuel is exempt year round until May 21, 2020.
• The Federal Trade Commission sticker (see below) is required at the point-of-sale on all retail diesel fuel pumps.