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The Retail Advocate

The Retail EmployerGeneral Assembly 2009 Weekly Update—Week #2

Virginia Retail Federation

Attention Small-Medium Business Owners & Managers: Your Cost of Business Could Go Up

Join us for an important free meeting tomorrow morning, and learn more about Workplace Law in the Obama Administration, covering the following  issues:

  • All businesses can be unionized &  privacy in sign-up could be eliminated. (Called ‘Employee Free Choice Act/Card Check’)
  • Minimum Wage could rise to $9.50, indexed to inflation by 2011
  • Seven paid sick days per year may be proposed
  • Class Action & Individual Discrimination Law Suits: Making it easier for employees to win cases, to win based on statistical evidence, to remove caps on recovery of compensatory & punitive damages, and make it easier to recover attorneys’ & expert witness fees, to make it easier for state employees to sue, etc.
  • Family Leave Insurance Act calls for all-paid FMLA leave
  • Working Families Flexibility Act calls for employers to negotiate with employees individually over requests for modification of work hours. 
  • And more . . .

SPEAKERS:  David E. Nagle and Joseph D. McCluskey of Jackson Lewis LLP

January 28th, 8:00–9:30 a.m

Location: Greater Richmond Convention Center
Lecture Hall
403 North Third Street
Richmond, VA 23219
Directions >>

Cost: No charge, free parking at 3rd & Marshall deck

Sponsored by the Greater Richmond Hotel/Motel Association, Retail Merchants Association, Richmond Metro Convention & Visitors Bureau, the Greater Richmond Convention Center and the Greater Richmond Chamber.

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Va Retail Federation Takes Stand on Capitol Hill

Click any of the photos above to visit the photo gallery.

Special thanks to the 80+ members who tackled the bus trips and the cold to illustrate the strength in numbers behind the Virginia Retail Federation’s position to “Keep the Dealer Discount.”

Our rally to KEEP THE DEALER DISCOUNT (the compensation retailers receive for filing state sales taxes) was exciting and invigorating—and brought the issue to the steps of Capitol Hill. 

But the fight isn’t over . . . now we need for you to contact your legislators (in your voting and business precincts) before Wednesday January 28 (when it may be up for a vote) and ask them to please Keep the Dealer Discount, House Bill #2383 and Senate Bill # 987.  (Click to find out who your legislators are: http://conview.state.va.us/whosmy.nsf/main?openform)

Did you see the great press coverage on Thursday’s rally on the Channel 6 TV News and in Friday’s Times Dispatch? Read the full story.

We can make a difference if everyone continues to pull together and make those contacts, by phone or e-mail!  Thank you so much for your efforts.

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Staying on Top of the Hill—week ending January 23, 2009

Rally on the Hill

Retailers turned out in force on January 22 to express their opposition to HB2383 and SB987, the legislation that eliminates the “Dealer Discount,” (money retailers retain when they collect/remit the sales tax and comply with the State Tax Code).  Eighty or more retailers gathered in front of the General Assembly Building to greet Delegates and Senators as they made their way from the General Assembly Building to the Capitol.  Each retailer wore a button with the slogan Retail Survival in Measured in Pennies” and handed out packages of cookies to Delegates and Senators with the message “Treat Retailers Fairly. Protect Dealer Discount. Tax Internet Merchants.”  The grassroots effort made by such a large number of retailers made it very clear to the legislators the importance of this issue to the retail community.  To get that many retailers out of their stores on a cold January morning makes a tremendous statement.  We thank those who braved the cold and took time away from their busy schedules to attend the rally.  For those who could not make it we also need your help!  House Bill 2383 was referred to House Appropriations Committee on Monday January 26th and will be heard in that Committee next week.  We need you to call or email each member of the Appropriations  Committee and ask them to vote NO to HB 2383.  The Appropriations Committee members are  Putney (Chairman), Morgan, Tata, Hamilton, Ingram, May, Sherwood, Cox, Landes, Jones, Hogan, O'Bannon, Lingamfelter, Abbitt, Phillips, Scott, J.M., Joannou, Brink, Ware, O., Howell, A.T., BaCote, Dance, Shannon, Bowling.  Simply click on the Delegate’s name and it will connect you to their contact information. (If you call use the General Assembly number.)

For Senate Bill 987, please call the following Senate Finance Committee members, Colgan (Chairman), Wampler, Stosch, Houck, Howell, Saslaw, Stolle, Quayle, Norment, Hanger, Watkins, Miller, Y.B., Marsh, Lucas, Whipple, Reynolds and follow the same method of contact, either email or phone call expressing your opposition to Senate Bill 987.

The Dealer Discount could mean as little as $40 a month to a smaller volume retailer or thousands to larger volume retailers.  Your help in preserving the monies during these hard and uncertain economic times is important to the survival of many retail store owners.  Please do your part and make the call.

Retailers For LIfe

The RMA’s signature event, Retailers For Life, was honored with a resolution. HJ 683, introduced by Delegate Chris Peace, commending the Retail Merchants Association for their efforts in creating an annual event to make citizens of the Commonwealth aware of the importance of becoming an organ donor.  Delegate Peace’s resolution designates April, in 2009 and in each succeeding year, as Retailers for Life Month in Virginia. To read the entire resolution click HJ 683.

During the first full week of the 2009 General Assembly the following bills have already failed to report from committee:

HB 1582 Home access businesses; Would have requires the owner or operator of a commercial establishment that provides a service that requires the establishment's employees regularly to enter the interior area of the residence of its customers to conduct a criminal background check of employees whose regular duties can reasonably be expected to require entering the interior area of the residences of establishment's customers. Effective September 1, 2009, employers are required to complete a criminal records check on prospective employees, but an employer is not prohibited from hiring an employee on the basis of the results of the criminal records check. Employers are required to keep copies of the fingerprints and records check for such employees. Employers shall provide identification badges to employees and require the employees to wear the badge when they are expected to enter customers' homes. Violations constitute a Class 3 misdemeanor.

HB 1815 - Morrissey – This legislation would have prohibited an employer from asking an existing or prospective employee about the individual's record of arrests or convictions, unless the question refers to an arrest or conviction that occurred within the preceding 8 years or was for a violent felony. An employer may not take negative employment actions against an individual based on a response to a prohibited question. A violation is a Class 1 misdemeanor.          

HB 2205 - Frederick, Repeals local business license (BPOL) taxes. The VRF spoke in favor of this legislation knowing that with the economy issues facing localities that the bill had no chance of passing.  It is important to continue speaking out against this unfair tax on retailers

SB 916, Increases fees in civil cases,  the bill would have increased the fee for filing any civil action in general district court to $100 (currently $27); and increases the fees for filing a civil action in circuit court to a sliding scale (currently, between $60 and $160): in cases seeking recovery up to $50,000 - fee is $150; up to $100,000 - $200; up to $250,000 - $300; up to $500,000 - $400; up to $1,000,000 - $500; and above $1,000,000 - $750.

SB 971 - Blevins - Plastic bags; this bill would have required that, effective January 1, 2010, certain stores provide on-premises recycling for plastic bags. Stores that are part of a chain or occupy more than 5,000 square feet and distribute plastic bags to consumers must provide reusable bags for sale and take back and recycle used plastic bags. If requested by a store owner, the manufacturer of plastic bags must offer to arrange for the transportation and recycling services. Any violation is punishable by a civil penalty of up to $100. The VRF ask Senator Blevins to strike his bill in order to allow the pilot program the VRF developed for Isle of Wight County to get up in running.  If the pilot program is successful it will be used throughout the Commonwealth.

SB 1002 - Quayle - Indoor Clean Air Act;  This bill would have allowed localities to adopt ordinances containing standards or provisions relating to smoking in restaurants that meet or exceed those established in the Virginia Indoor clean Air Act.

The following bills have passed their committee of origin and will be heard by the full House or Senate;

SB 1266, this bill makes local school boards responsible for setting the school calendar and determining the opening of the school year and eliminates the post-Labor Day opening requirement.  The VRF spoke against this legislation during last week’s Committee hearing because of the importance of the Labor Day weekend to the retail hospitality industry and those retailers who depend on high school age employees during the summer months. .  The bill passed by one vote and is now before the Senate...  A similar bill HB 2090 introduced by Delegate Fralin died in the House Education committee.

HB 1884 - Nixon , Provides that a consumer reporting agency's duty to place a security freeze on a consumer's credit report within one business day after receiving such a request, which is scheduled to become effective July 1, 2009, will apply only if the consumer's request is made electronically at an address designated by the consumer reporting agency to receive such requests. For requests not made electronically at such address, the current obligation that the freeze be imposed within three business days after receiving the consumer's request will continue to apply.

SB 983 - Wagner - Alcoholic mixed beverages; exception for certain spirits that licensee cannot deliver to consumer. This bill makes an exception for certain spirits to the rule that a mixed beverage licensee cannot deliver to a consumer alcoholic beverages in the original bottle. To qualify for the exception, the bill requires that (i) the original container of spirits is no larger than 375 milliliters, (ii) the alcohol content is no greater than 15 percent by volume, and (iii) the contents of the container are carbonated and perishable.

SB 1258 - McDougle - Alcoholic beverage control; requires the ABC Board to establish a schedule of offenses Requires the ABC Board, by regulation, to establish a schedule of offenses for which any penalty may be waived upon a showing that the licensee has had no prior violations within three years immediately preceding the date of the violation. The House bill HB 2051 - Gear – was heard by the ABC sub committee of the General Laws Committee last week and on a tie vote was not recommended to be passed.  This bill will be heard in full committee where it could be voted on by the full committee. Back to top
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