Washington Information Network
Washington's resource for political activity and issues important to retail industry professionals. Distributed to 2,800 subscribers
January 23 2013
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Washington Retail Association Newsletter
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Staff Contacts
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Jan Teague
President/CEO
360.943.9198, ext. 19
jteague@retailassociation.org
Mark Johnson
Vice President of Government Affairs
360.943.9198, ext. 15
mark.johnson@retailassociation.org
Tammie Hetrick
Vice President of Retail Services (RASI)
360.943.9198, ext. 13
tammie@retailassociationservices.com
Jim Szymanski
Director of Public Affairs
360.943.9198 ext. 12
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Retailers will receive credit card settlement notice
By Jan Teague, President/CEO
I attended a briefing at the National Retail Federation's Convention last week and heard a great deal of concern over a key issue for retailers in their ongoing objections to high interchange fees. A court battle has produced disappointing results giving retailers very little money and expecting them to sign off on any future claims forever.
I encourage retailers to Opt Out on the settlement being proposed and not sign their future rights away when they get notified of the money they will get from the settlement. All retailers will get notified, not just those specifically in the lawsuit, because it is a class action case. So all retailers and their future owners will forever have to hold off complaining on any future price increases or demands made by these two monopolies.
The class action was filed in 2005 and an agreement was reached November 28, 2012. Not only are damages small, most of the money goes to the attorneys who filed the case. They decided to settle rather than continue their prolonged battle that has cost them plenty over the last seven years. Visa and MasterCard have a bottomless fund to fight these cases.
The National Retail Federation, the Washington Retail Association and many retailers are objecting to the settlement. Later this year, the Court will hold its final hearing and review all of the statements of objection. After that, the appeals process will take another year to finish. We will continue to report on this issue to further explain your next steps and your options in the settlement.
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Bill to curb "flash mob" robberies introduced
By Mark Johnson, VP Government Affairs
A flash mob robbery, unlike entertaining dancing or singing groups that magically appear, results in a serious consequence for retailers.
Such robberies involve an instigator who uses the Internet via social media sites to organize a large group of people to descend upon a retail establishment, large or small, and commit widespread robbery all at once. These crimes are expensive and dangerous to both retail employees and the store's customers. To get a flavor for what I am talking about go to one of the following two videos to see for yourself:
http://www.kval.com/news/business/Police-Group-of-teens-flash-rob-grocery-store-Troutdale-159457105.html?tab=video&c=y - Albertson's news report
http://www.youtube.com/watch?v=wVxBolybnV8 - Walmart raw footage
Senate Bill 5178, prime sponsored by Senator Mike Carrell, seeks to offer a deterrent for those seeking to arrange or take part in one of these crimes.
The bill would add the crime to the Organized Retail Theft laws that are currently enforceable. If you are the instigator or one of the accomplices, you could face serious consequences. The bill allows the aggregation of the value of the product stolen by all participants. The bill says the crime has to involve at least 9 people.
WRA thinks this is a proactive and reasonable response to this growing crime. We need to stop this behavior before it gets out of control. It's okay for folks to sing and dance spontaneously. But to overwhelm a WRA member or any retailer for the purpose of robbery should be met with a legal penalty.
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Important WRA workers' comp bills heard by Senate today
WRA's VP of Retail Services, Tammie Hetrick, testified today before the Senate Commerce & Labor Committee on four workers' compensation bills that have been important to WRA for several years.
SB 5112 would provide scheduling authority to Retrospective rating plan employers for independent medical exams and consultations for vocational rehabilitation assessments. Hetrick testified in support of this bill because WRA expects it will save money and result in better quality exams earlier in the claims process.
WRA also supports SB 5128, which allows for voluntary settlements of claims, SB 5126, which resolves how third party settlements are recuperated to allow for fairness to the worker and employer and SB 5124, which would simplify how bills are calculated and add certainty to the calculation of workers' compensation benefits. This has been a long-time concern of retailers due to varying schedules and rates of pay that result in difficulty getting the correct data to Labor & Industries for accurate time-loss payments to workers.
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WRA begins charting bills early in 105-day session
Today is Day 10 in the 2013 Legislature's 105-day session and WRA has its eyes on several of the first bills and proposals that have been filed. The session is scheduled to adjourn on April 28.
A Senate majority coalition has renewed hopes that several issues of interest to WRA will receive hearings before legislators this year.
At this writing, a bill is being prepared to approve a sales tax holiday this year for back-to-school shopping, a top WRA priority this year. This newsletter will report more details when the bill is assigned a number and sponsors have declared their support.
Other bills and proposals of interest to WRA include:
SB 5149, which WRA supports as a top priority. It would toughen penalties for pharmacy robberies.
SB 5159, which WRA supports as a top priority. It would repeal the family and medical leave insurance act for chronic lack of funding.
Initiative 517 to the Legislature would grant more rights to petitioners who gather signatures near stores. A number of cities have begun to voice concerns. WRA will oppose the measure if it reaches the ballot.
HB 1017 addresses energy efficiency standards and is of concern to WRA. Mark Johnson, VP of Government Affairs, is assessing likely impacts of the bill including which lighting merchandise could be sold at stores and whether store security lighting would feel any impact.
This newsletter will expand weekly with updates on the progress of these and subsequent bills and votes by the Legislature. Meanwhile, to read the entire text of bills of interest, visit Legislature and type in the bill number to learn more details.
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WRA presents members with new free webinars this year
WRA, in cooperation with the Council of State Retail Associations, will again present a series of free educational webinars this spring and early summer. For the first time this year, the Retail University webinars will be hosted twice the same day to be more convenient for participants.
The webinars are presented free as a benefit of WRA membership. Please click on the links to register.
This year's topics are:
*What retailers must know about health care reform, on March 12 - 6:30 a.m. MT / 5:30 a.m. PT (Webinar 1) or 9:30 a.m. MT / 8:30 a.m. PT (Webinar 2)
*Intro to Social and Mobile Media Marketing, on April 24 - 6:30 a.m. MT / 5:30 a.m. PT (Webinar 1) or 9:30 a.m. MT / 8:30 a.m. PT (Webinar 2)
*How small retailers can recognize and prevent shoplifting, on May 21 - 6:30 a.m. MT / 5:30 a.m. PT (Webinar 1) or 9:30 a.m. MT / 8:30 a.m. PT (Webinar 2)
*Intermediate Mobile and Social Media Marketing, on June 27 - 6:30 a.m. MT / 5:30 a.m. PT (Webinar 1) or 9:30 a.m. MT / 8:30 a.m. PT (Webinar 2).
The format will include 30-45 minute presentations with available time for questions. Participants can listen only by phone, but a computer will be required to see the complete presentation and to ask questions.
Please contact Jan Teague, WRA's President/CEO, if you have questions at 360-943-9198, Ext. 19 or a jteague@retailassociation.org.
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Sen. Nathan Schlicher fills remaining Legislature vacancy
Sen. Nathan Schlicher assumed his duties as the state senator for the 26th Legislative District this week when he was sworn into office at the Capitol.
The district runs from Bremerton to the west side of the Tacoma Narrows bridges.
A medical doctor, the Democrat Schlicher was tapped by the Kitsap Board of Commissioners and the Pierce County Council to fill the vacancy created when Sen. Derek Kilmer was elected to Congress last November. Schlicher also holds a law degree.
He can serve for a year but would have to win a November special election to serve for another year. Port Orchard Republican Rep. Jan Angel is expected to be Schlicher's main rival in an election.
Source: The Olympian
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NRF website sorts through health care reform requirements
A National Retail Federation website is a good resource for companies large and small working to plan and comply with expected national health care reforms.
The site explains possible penalties, definitions of employee categories and current concerns in the business community. Visit the site at www.retailmeansjobs.com/healthcare.
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NRF to host Feb. 1 webinar on health care reform
This will be a year of preparation by businesses for hundreds of new rules and mandates related to national health care reform scheduled to take effect in 2014.
To help retailers prepare, the National Retail Federation will host a Healthcare Webinar beginning at 11 a.m., West Coast time, on February 1. The event is limited to NRF members.
Neil Trautwein, NRF's Vice President, Employee Benefits Policy Counsel, will review major features of the Affordable Care Act, outline implications for retailers and answer questions.
Meanwhile, retailers can learn more about the law by visiting www.retailmeansjobs.com/healthcare. Click here to register for the webinar.
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Hope renews for immigration reform in second Obama term
WRA's Director of Public Affairs Jim Szymanski attended a meeting last week during which business interests, farmers and personnel agencies expressed renewed hope that immigration reform would take a higher priority this year in Congress.
Various industries including high technology, agriculture and retail have shown interest in immigration reform as a way to ensure a legal and reliable supply of labor.
Immigration reform has taken a back seat in national priorities the past couple of years, said Jon Wyss, who represented the Brewster apple grower Gebbers Farms. Wyss updated the meeting on his immigration reform lobbying trips to Congress in recent weeks.
Though Congress is divided on how to proceed, Wyss said he expects a bill to be introduced this winter to address a shortage of high technology workers looking to establish U.S. citizenship. President Obama also mentioned immigration reform, without going into specifics, during his inauguration speech this week. Wyss speculated that immigration reform would take a higher priority as Congress completes debate on the federal deficit and gun control.
A major issue dividing Congress is whether to propose bills to address specific industries seeking relief or to propose a more comprehensive approach to the issue, Wyss said.
Though no specific ideas have come forward, Wyss said he sensed that consensus is building to identify how an estimated 12 million people from other countries who now live in the U.S. can achieve citizenship.
Any solution, Wyss said, probably will include some form of computerized verification that workers are legally living in the U.S.
The business committee that met last week plans to continue its dialog this year as events unfold on the immigration reform front.
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New report explores state school funding
A report released this week by The Washington Research Council shows how Washington compares with nine other states regarding funding for schools.
The 27-page report offers context for the Legislature's debate this year to address the McCleary court decision's finding that the state is not adequately funding schools. It compares Washington's performance to California, Colorado, Connecticut, Maryland, Massachusetts, Minnesota, New Jersey, North Carolina, and Virginia.
The report examines how Washington pays for schools, compares outcomes per capita with the other states and examines the part education funding plays in the state budgeting process.
To read the complete report, click here.
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Retail tax revenues increase over last year, state report shows
The latest state revenue report from earlier this month shows better than expected results including increased tax payments from retailers.
State revenues for the collection period of Dec. 11 to Jan. 10 of this year were 1.7 percent higher than the November forecast.
On a year-over-year basis for the same collection period, retailers generated 8.8 percent more state tax revenues compared to 2012, according to the latest Economic and Revenue Forecast report.
ERFC attributed last year's move to private liquor sales as a major contributor to the 15.5 percent year-or-year increase in tax payments from food and beverage stores.
Other retail sectors that showed strong growth in payments were electronics and appliances (up 20.4 percent); drug and health stores (up 12.3 percent); and building materials and garden equipment stores (up 10.7 percent).
The report noted that home construction and prices are on the upswing but warned that Congressional action to avert a fiscal cliff would result in rising payroll taxes for all workers.
Visit ERFC to read the latest entire monthly revenue update.
Source: ERFC
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NRF seeks retail reaction to threatened port strikes
The National Retail Federation is seeking anonymous retail reaction regarding costs to make alternative plans due to threatened East Coast/Gulf Coast port strikes the past several months.
Besides threatened strikes last October and December, current contract talks are set to expire on February 6 if new agreements cannot be reached between the International Longshoremen's Association (ILA) and the U.S. Maritime Alliance (USMX).
NRF wants to learn how much companies have spent making alternative shipping arrangements in the event of a strike. It also would appreciate answers to a request by the Department of Transportation on estimates of economic impact on business due to the uncertainty hanging over shipments of merchandise.
Direct comments by Friday, Jan. 25 to Jonathan Gold, NRF's Vice President, Supply Chain & Customs Policy, at GoldJ@NRF.com. A memo from Gold pledges not to share company names or examples in connection with the issue.
Source: NRF
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WRA offers discounted shipping service
As a WRA member, you could begin saving up to 27 percent on select FedEx shipping services by joining a new shipping service free of charge.
And considering new annual shipping rate increases from major carriers, it's a good time to check out WRA's agreement with PartnerShip, a national freight management company committed to reducing shipping costs particularly for small businesses. For PartnerShip's analysis of recent freight shipping rate increases, click here.
Savings from the new shipping program can, of course, help you to offset the cost of your WRA membership dues.
Even if you have an existing FedEx account, you can still enroll and benefit from this free program. The shipping experts at PartnerShip® will review your account and make sure you are set up for the pricing that saves you the most money. Click here to order free shipping supplies through FedEx.
The program applies both to inbound and outbound shipping, including freight, through an agreement with PartnerShip, a WRA-endorsed shipping management company.
The program is available to all WRA members with no minimum shipping requirements or obligations. Enrolled customers can save up to 27 percent on select FedEx services and at least 70 percent on less-than-truckload freight shipments arranged through PartnerShip.
"The new WRA Shipping Program makes a great addition to our menu of services designed to save our members money," said WRA President/CEO Jan Teague. "This program is clearly advantageous to all WRA members."
To sign up, go to www.PartnerShip.com/99WRA where you can review discounts or submit a free shipping analysis. You can also find answers to questions on the Website, or call 800-599-2902 or e-mail sales@PartnerShip.com. For more information, visit
http://www.retailassociationservices.com/services/discountshipping.html.
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Safety tip: (one in a series)
Know the "deadly dozen" causes of accidents
It's important to remember that workplace accidents have causes; they're not the result of happenstance.
Labor & Industries keeps a list it calls "the deadly dozen" common reasons for accidents. L&I's handy list of unsafe acts and workplace conditions is good for companies to keep and periodically review to reduce the likelihood of accidents.
The dirty dozen unsafe acts are unauthorized use or operation of equipment; failure to secure or tie down materials to prevent unexpected movement; working or operating equipment too fast; failure to issue warnings or signals as required; using defective tools or equipment; removing safety guards; improperly using tools or equipment; standing in an unsafe place or assuming an improper posture (as in lifting); servicing moving equipment; riding equipment not designed for passengers; horseplay; and failure to wear proper protective equipment.
Visit dozen to also review unsafe workplace conditions and tips to further explore this topic.
WRA employs Maria Justin as a safety advisor who is available to members to help write safety plans, suggest safety meeting topics or to make workplace safety visits. Contact her at 360-943-9198, Ext. 21 or at maria@retailassociationservices.com.
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