Wednesday, May 16, 2012
- from National Retail Federation
[Note: SDRA Executive Director Shawn Lyons, Board President Bill Anderson of Anderson Furniture in Huron, and President-Elect James Siemens of Hy-Vee in Sioux Falls are representing SDRA's members at this conference in Washington, DC, and are taking the South Dakota retail message to South Dakota's Congressional Delegation].
By J. Craig Shearman
Washington Retail Insight
May 16, 2012
The lead sponsor of sales tax fairness legislation told retailers attending NRF’s Washington Leadership Conference today that he hopes to see the measure passed this year but that he needs merchants from across the country to push Congress to act.
“We need to get this passed and this is the year we need to pass it,” Senator Michael Enzi, R-Wyo., said. “Let’s get it out of the way this year.”
“It’s time that we made it as fair for Main Street retailers and shopping center stores as it is for sellers from out of state,” Enzi said.
Enzi spoke during a lunch at the U.S. Capitol as Main Street store owners, CEOs of national retail chains, state retail association executives and other retailers took a break between dozens of lobbying meetings with members of the House and Senate. In addition to sales tax, retailers are in town to address corporate tax reform, recent National Labor Relations Board regulations on union organizing, health care reform, privacy and data security bills, and efforts to make it easier for foreign tourists to come to the United States and shop in U.S. stores.
Enzi is sponsor of the Marketplace Fairness Act, a bill that would give states the authority to require out-of-state online sellers to collect sales tax on sales to their residents the same as local stores. Under a 1992 Supreme Court ruling, online sellers are only required to collect tax in states where they have a physical presence such as their headquarters or a store or warehouse.
Senate Majority Leader Harry Reid, D-Nev., has promised to hold a vote on the bill if Enzi can get 60 senators – the number required to overcome procedural obstacles under Senate rules – to pledge their support.
Enzi urged retailers to contact senators and urge them to go on record saying they will vote for the bill so that he can convince Reid to proceed with the vote.
Enzi said he does not expect a vote before the lame duck session that will follow this fall’s elections. In response to a question, he said he does not want to try to make sales tax fairness part of comprehensive tax reform because that would mean waiting until at least sometime next year.
NRF has led the retail industry’s fight for sales tax fairness because the lack of tax gives online sellers an unfair price advantage on most sales. Enzi, a former shoe store owner, said the disparity “punish(es) people who pay taxes locally, create jobs locally and contribute to their communities.”
On another issue, Enzi said he was pleased by a court decision earlier this week striking down NLRB regulations that would allow union organizing elections to be held in as little as two weeks rather than the current median of 37 days for most elections and an average 101 days for those with legal challenges. Enzi sponsored legislation that would have blocked the “ambush election” regulations, but the bill was rejected 54-45 last month.
“We were not successful but I was pleased with the votes we did get,” Enzi said. “I wanted to show the NLRB they don’t have free license to do whatever they want to do.”
The senator, who is the senior Republican on the Senate Health, Education, Labor and Pensions Committee, also said that he hopes the Supreme Court will overturn the 2010 health care reform law so Congress can try again on the issue. The court heard arguments on legal challenges this spring and is expected to rule as soon as June.
Earlier today, retailers at the conference heard from political analyst and commentator Paul Begala, who discussed this year’s election campaigns.
© 2012 National Retail Federation
Tuesday, May 15, 2012
- from the National Retail Federation
By J. Craig Shearman
Washington Retail Insight
May 15, 2012
A federal judge has struck down National Labor Relations Board regulations allowing unions to hold “ambush” organizing elections opposed by NRF, saying the panel did not have a quorum when it approved the new rules late last year.
“According to Woody Allen, 80 percent of life is just showing up,” U.S. District Judge James Boasberg said in an 18-page ruling issued Monday. “In this case, because no quorum ever existed for the pivotal vote in question, the court must hold that the challenged rule is invalid.”
The regulations won final approval in December, with board Democrats Mark Pearce and Craig Becker, who has since stepped down, voting in their favor. The five-member board had two vacancies at the time and its only Republican, Brian Hayes, opposed the regulations. Hayes considered resigning in order to deny the panel a quorum, but instead decided to simply not cast a vote. The voting was conducted using an electronic system that does not require board members to gather in person.
Boasberg said the board, whether voting in person or electronically, needs at least three members participating in order to have a quorum. Hayes “cannot be counted toward the quorum merely because he held office,” the judge said.
“NRF is very pleased,” NRF Senior Vice President David French said in response to the ruling. “In their rush to conclude their rulemaking … the board took shortcuts in the process, and the court rightly ruled that the rule is invalid because the board lacked the necessary quorum to conduct business.”
The ruling came in a lawsuit brought by the Coalition for a Democratic Workplace. NRF is a founding member of the coalition chairs its lobbying committee.
Boasberg said the regulations, which took effect April 30, are now invalid. But he did not rule on their merits, and said the NLRB, which now has its full five members, was free to vote again.
Under the regulations, a union organizing election can be held in as little as 14 days, down from the current median of 37 days for most elections and an average 101 days for those involving legal challenges filed by employers.
NRF has argued that the short period gives employers little time to make their case against unionization, saying the rules would contribute to “the economic uncertainty facing both employers and employees.” Organized labor is expected to use the new rules and other recent pro-union initiatives approved by the NLRB to target traditionally non-union industries like retail.
© 2012 National Retail Federation
Tuesday, May 15, 2012
- from the National Retail Federation
Unseasonably warm weather in February and March and an early Easter holiday shifted consumers’ spending appetite last month, though retailers in April still reported positive but modest growth. According to the National Retail Federation, the world’s largest retail trade association, April retail sales (excluding automobile, gas stations and restaurants) decreased 0.1 percent seasonally adjusted from March and increased 2.8 percent unadjusted year-over-year, marking 22 consecutive months of retail sales growth.
“Though consumer spending softened in April, retailers overall have seen solid sales growth so far this spring, a positive indicator we’re heading in the right direction,” said NRF President and CEO Matthew Shay. “With 22 straight months of sustained retail sales growth, retailers are optimistic as they gear up for the all-important summer shopping season.”
April retail sales, released today by the U.S. Department of Commerce, showed total retail sales (which includes non-general merchandise categories such as automobiles, gasoline stations, and restaurants) increased 0.1 percent seasonally adjusted month-to-month and 4.5 percent unadjusted year-over-year.
“The expected shortfall in April retail sales reflects the seasonal shift in consumer spending at this time each year,” NRF Chief Economist Jack Kleinhenz said. “With Easter a full twenty days earlier this year and unseasonably warm weather, consumers started spending as early as February and March on everything from spring apparel to newly-released electronic items.”
Other findings from the April retail sales figures include:
* Furniture and home furnishing stores’ sales increased 0.7 percent seasonally-adjusted month-to-month and 4.9 percent unadjusted year-over-year.
* Clothing and clothing accessories stores’ decreased 0.7 percent seasonally-adjusted month-to-month but increased 1.7 percent unadjusted year-over-year.
* Sporting goods, hobby, book and music stores’ sales increased 0.7 percent seasonally-adjusted month-to-month and 2.9 percent unadjusted year-over-year.
* Building material and garden equipment and supplies dealers’ sales decreased 1.8 percent seasonally-adjusted month-to-month yet increased 9.8 percent unadjusted year-over-year.
* Electronics and appliance stores’ sales increased 0.2 percent seasonally-adjusted month-to-month and 0.5 percent unadjusted year-over-year.
Sunday, May 13, 2012
SDRA Executive Director Shawn Lyons of Pierre, Board President Bill Anderson of Anderson Furniture in Huron, and President Elect James Siemens of Hy-Vee in Sioux Falls are taking retail issues to Washington, DC this week.
The three will join 200 other retailers from across the country for the National Retail Federation (NRF) Washington Leadership Conference (WLC).
For more than 26 years, the conference has served as a bridge between retail leaders and legislators. WLC attendees meet to chart the course of business in the future and speak with lawmakers to address the issues that most impact the retail community.
The South Dakota Retailers Association contingent will attend meetings with South Dakota's Congressional Delegation and staff to discuss issues of importance to the business community. They'll also emphasize the importance retailing plays in both the state and national economy.
"It's a great opportunity to connect our retailers ... with their lawmakers," NRF senior vice president for government relations David French told the National Journal. "The backbone of the retail community in the United States is the folks doing small business retail in local communities."
Saturday, May 12, 2012
- from the law firm of Jackson Lewis LLP
Reversing many of the critical reforms initiated in 2009 that streamlined the H-2B application process, the U.S. Department of Labor has amended its regulations governing the certification of the employment of foreign workers performing temporary or seasonal non-agricultural labor or services under the H-2B visa program. The Final Rule will take effect on April 23, 2012. The H-2B visa program allows up to 66,000 visas each year for the entry of low-skilled, non-agricultural guestworkers.
The Final Rule significantly and fundamentally changes the H-2B visa program by imposing onerous and costly new conditions and requirements on H-2B employers. The changes mirror those introduced to the H-2A agricultural worker visa program in 2010. Major features of the Final Rule include the establishment of a national electronic job registry for all H-2B jobs to improve U.S. worker access to these temporary jobs, extension of H-2B worker protections to corresponding U.S. workers, and the “three-fourths guarantee” (employers must guarantee employment and wage payment for a certain period of time).
The Final Rule makes participation in the H-2B visa program more burdensome. These changes, in particular the “three-fourths guarantee” and extension of worker protections to corresponding workers, taken with the new prevailing wage determination methodology rule introduced in 2011, may lead some employers to consider abandoning the H-2B program for other options. As with many burdensome regulations, talented immigration counsel can make the difference between the seemingly impossible and the probable.
Prior to the April 23, 2012, implementation date, employers should consider taking the following steps:
1. File any “ready” H-2B labor applications under the current regulations;
2. Educate staff about the new rules and timelines involved so they can plan for filings once the changes take effect. Under the new bifurcated application process, employers will be required to begin the H-2B application process approximately seven months before the date when new H-2B workers are needed;
3. Develop a uniform H-2B policy that takes account of all financial arrangements with H-2B workers, such as employee relocation expenses and deductions for housing, and contains mechanisms for payment or reimbursement of transportation expenses and visa fees;
4. Review contracts or agreements with all staffing and recruitment companies to ensure they can pass muster or scrutiny under the new regulations with regard to prohibited payments by H-2B workers; and
5. Update document retention policies and procedures to ensure compliance with the proposed document retention requirements.
Thursday, May 10, 2012
The South Dakota Unemployment Insurance Advisory Council will hold a meeting and public hearing on Tuesday, August 28, 2012, beginning at 1:30 p.m. (CDT). The meeting will be held at the Kneip Building, Conference Room 3, 700 Governors Drive, Pierre, SD. Parties interested in the Unemployment Insurance system are encouraged to attend this meeting. Questions may be directed to Unemployment Insurance Division Director Pauline Heier at 605.626.2310 or by email to pauline.heier@state.sd.us.
DDN sites are scheduled for the meeting at the following locations:
· Aberdeen, Department of Labor and Regulation, 420 South Roosevelt Street
· Rapid City, Department of Labor and Regulation, 111 New York Street
· Sioux Falls, Department of Labor and Regulation, 811 East 10th Street
Additional information about Unemployment Insurance in South Dakota can be found on the Department of Labor and Regulation's website at http://dlr.sd.gov/ui/default.aspx.
SDRA Executive Director Shawn Lyons serves on the UI Advisory Council.
Thursday, May 10, 2012
- from the National Retail Federation
The National Retail Federation commends the Obama administration for announcing a national strategy to promote international travel and tourism in the United States aimed at boosting America’s economy and creating jobs.
“Encouraging foreign visitors to the United States is one of the easiest ways to boost our economy,” NRF President and CEO Matthew Shay said. “By streamlining our visa application and review process we can increase international travel, tourism and trade, especially among emerging economies and markets like Brazil, China and India, and welcome more shoppers from our shores to our stores.”
The National Travel and Tourism Strategy unveiled today calls on federal departments and agencies to coordinate efforts to encourage more domestic and international travel with the goal of welcoming 100 million international visitors to the United States by the end of 2021.
NRF has rallied the retail industry behind several legislative initiatives aimed at reducing visa review and approval times, and has taken a leadership role in the Discover America Partnership, a coalition whose sole focus is improving the visa system. Reforming and streamlining our antiquated international travel and tourism rules to spur further foreign tourism is a key component of NRF’s Retail Means Jobs campaign.
A U.S. Travel Association study found that the reduction of visa wait times to 10 days could create 1.3 million jobs and add more than $850 billion to the economy by 2020.
“America can’t compete in a global economy if we can’t open our doors to the world’s customers,” Shay said. “The retail industry is ready to welcome more international shoppers into our stores where they will help boost our economy, our industry and spur job creation and growth.”
Thursday, May 3, 2012
- from U.S. Senator John Thune (R-South Dakota)
Another tax day has come and gone for Americans, as we continue to work longer to pay our tax bills. According to the Tax Foundation, the average American had to work 107 days in the year, or through April 17th, just to pay their taxes for 2012. Families and small businesses continue to pay the bill of this administration's spending spree.
On March 28th, Senator Thune introduced a bill to help alleviate the tax burden for family businesses. The Death Tax Repeal Permanency Act of 2012 (S. 2242) would eliminate the crippling death tax and help family businesses continue to future generations. Specifically, this bill would repeal the estate tax and the generation skipping transfer tax.
Small businesses are the backbone of the nation's economy, by creating jobs and growing communities. However, the death tax is making it very difficult for family businesses to survive more than one generation. More than 70 percent of family businesses do not survive to the second generation, while 90 percent do not survive to the third generation.
Additionally, former Congressional Budget Office Director, Douglas Holtz-Eakin, conducted a study which estimated that repealing the estate tax would create 1.5 million additional small business jobs. Not only would this legislation make it easier for families to pass on business assets resulting from a lifetime of hard work, it would also create jobs and help small businesses grow.
Death should not be a taxable event and the federal government should not impose additional hardships during a time of grief. The estate tax is punishing entrepreneurs and farmers for a lifetime of hard work. Senator Thune will continue to support repealing the death tax in order to help small businesses grow and prosper.
Wednesday, May 2, 2012
WHAT: OSHA’s Voluntary Compliance Safety and Health 10-Hour Course for General Industry
WHEN: June 6 — 1:00 p.m.- 6:30 p.m. Central Time /and/ June 7 — 7:00 a.m. - 12:30 p.m. Central Time
WHERE: Mitchell Highland Conference Center, 2000 Highland Way, Mitchell, SD
Registration Form: HERE
Course Sponsors
The South Dakota Grain & Feed Association and the Engineering Extension Office, College of Engineering, South Dakota State University.
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Course Highlights
An OSHA Voluntary Compliance Safety and Health 10-Hour Course for General Industry, this course has been designed to meet the needs of general industry employers needing assistance with their safety and health programs, machine guarding, lockout/tagout, electrical safety, walking and working surfaces, safe work practices when working with chemicals, proper use of personal protective equipment (PPE), and OSHA recordkeeping. This course will assist personnel in the identification of hazards and determination of the hazard abatement methods. Personnel will become familiar with control methods, test equipment, and training requirements. The course will help you to understand how these regulations affect you and your workplace.
Many employers have difficulty in performing “HAZARD WALK-THROUGH AUDITS” for identifying potential problems in complying with OSHA regulations and determining the need for written programs or Standard Operating Procedures (SOPs). The course is designed to help companies recognize such hazards.
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Course Fee and Registration
The fee for the course is $225.00 per attendee for SDGFA Members and $250.00 for non-members. This includes the cost of all course materials and refreshments. A copy of the complete OSHA 29 CFR 1910 General Industry Regulations is also included in the cost. Registration Fees are nonrefundable due to the costs associated with the preparation of the course materials.
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Who Should Attend?
Do you have questions about when OSHA regulations apply to you and your workplace? Do you have a safety program that works for your workplace?
The OSHA 10-Hour course is nationally recognized as an effective general industry safety training. This course will help you to organize your safety and health program so that you can protect your company and employees from liabilities of employee injuries and OSHA fines. The course puts safety and health into perspective by answering your questions and concerns about OSHA regulations and requirements. This course benefits company owners, managers, safety personnel, safety committee members, maintenance staff, students and persons responsible for safety in the workplace. Participants have the opportunity to get an overview of OSHA’s General Industry Standards and interpretations of the regulations. They will participate in discussions of sample programs that can be used to come into compliance and will have the chance to ask questions of the trained instructors.
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What Participants Receive
Each participant will receive a training card issued by OSHA, acknowledging that the recipient has successfully completed a 10-hour Occupational Safety and Health Training Course in General Industry Safety and Health.
More Information / Registration
Click here for a printable pamphlet and registration form.
Wednesday, May 2, 2012
from the labor law firm Jackson Lewis LLP
United States Citizenship and Immigration Services (USCIS) is seeking public comments on its proposed revised Form I-9 (Employment Eligibility Verification form). All employers in the United States must complete the Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States.
Highlights of the proposed changes include:
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Expanded Form I-9 instructions and a revised layout.
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New, optional data fields to collect an employee’s e-mail address and telephone number.
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New data fields to collect the foreign passport number and country of issuance. Only aliens authorized to work in the U.S. who have also recorded their I-94 admission number on Form I-9 will need to provide the foreign passport number and country of issuance.
Employers interested in providing comments on how the proposal will affect their ability to conduct business profitably are encouraged to contact counsel. Comments must be submitted by May 29, 2012.
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