Regulatory Wrap-Up
Market Insights

Regulatory Wrap-Up

BY HBSDealer Staff

Wages

Connecticut – Governor-elect Ned Lamont reiterated his support for a $15/hr minimum wage. Other supporters note that with Democrats in full control of the legislature, the likelihood for a wage increase has significantly increased.

Florida – The state supreme court set a date of March 6 for oral arguments related to Miami Beach’s effort to raise their local minimum wage beyond the state level. Last year, the city passed a minimum wage increase to $15/hr knowing that they were violating the state’s preemption law but hoping subsequent court action would find preemption unconstitutional.

Louisiana – The governor called for a modest increase to the state minimum wage, citing neighboring Missouri and Arkansas as “conservative leaning states [that] approved a minimum wage increase” at the ballot recently. The Democratic governor acknowledges advancing a law through the Republican- controlled legislature will be a challenge.

Minnesota – Following the passage of a $15/hr minimum wage increase in St. Paul, which mirrors a similar law in neighboring Minneapolis, advocates are focusing on a statewide effort next session. The state senate is still controlled by Republicans, many of whom have registered their opposition to a statewide increase, but the issue will likely progress further than in previous legislative sessions.

Washington – The state Department of Labor and Industries released draft rules for increasing the state’s overtime threshold for salaried employees. The department also announced three public listening sessions throughout the state that run through the end of November.

Cook County, IL – Earlier this month, voters approved a non-binding ballot initiative supporting a $13/hr minimum wage. The county passed an ordinance in 2016 but the vast majorities of townships opted out of the provision. The recent initiative passed with over 80 percent support and advocates are increasing pressure for a new countywide mandate.

Sonoma County, CA – Advocates are pressuring local governments in the county to raise their minimum wages to $15/hr ahead of the scheduled statewide phase-in, as dictated by state law.

St. Paul, MN – As the dust settles following the contentious debate around the recently-passed $15/hr law, specific provisions are becoming increasingly clear. Notably, language that exempted restaurant workers subject to a collective bargaining agreement was removed from the final ordinance. Many other jurisdictions that have passed similar laws regularly exempt unionized workers.

JP Morgan Chase – The company announced its entry-level wage would increase to $18/hr for bank tellers and other positions in the Washington, DC area. The announcement comes as the company plans to increase its brick and mortar presence across the country.

Paid Leave

Leave Optimization Group – Dozens of companies with operations in multiple states have partnered with the National Business Group on Health to help employers manage paid leave programs. The group will exchange best practices and compliance concerns that result from the patchwork of state and local laws mandating paid leave for employees.

Massachusetts – The newly created agency, the Department of Family and Medical Leave, launched a new website and issued initial guidance for implementing the recently-passed paid leave law.

Austin, TX – The U.S Court of Appeals for the Third Circuit ruled against the city, overturning a paid sick leave ordinance that became law earlier this year. The court found that the city law violated a state law preempting localities from raising the minimum wage, basically extending existing minimum wage preemption to other labor-related issues. The case could eventually impact other local labor laws.

Cook County, IL – Earlier this month, as they did with minimum wage, voters approved a non-binding ballot initiative that showcases support for a mandated employer-provided paid leave program. The county passed a similar ordinance in 2016, but the vast majority of townships opted out of the provision. The initiative passed with over 80 percent support and advocates are beginning to pressure for a new countywide mandate.

Taxes 

Seattle, WA – A state Superior Court judge ruled that a case against the city over the repeal of the city’s “head tax” law could proceed. The case alleges procedural violations occurred when the city abruptly repealed a per employee head tax in the face of business opposition earlier this year.

Health Care 

Florida – The state attorney general announced the addition of Walgreens and CVS to the state’s case against pharmaceutical companies over the opioid crisis. The state case alleges the companies were complicit in making opioid based pharmaceuticals too readily available.

Key Takeaways

  • Labor advocates are increasingly looking for opportunities to push back on state preemption laws through the courts. Anytime they can get the issue into a courtroom, they have a chance. Pay close attention to the legal battles in Florida and Texas as the state constitutionality of preemption is tested.
  • With Congress soon to return for their lame-duck session, one of the top priorities will be a tax bill that will in part, include some technical corrections to last year’s landmark legislation. Included in that debate will be correcting an error in the new law forcing retailers and restaurants to depreciate some renovations over 39 years instead of taking the immediate deduction Congress intended. There is little, if any, dispute that Congress should fix the language. But it isn’t clear exactly when that might happen. This is the time for brands to vigorously engage with their elected representatives and political allies to push for reinstatement of the previous depreciation language.

Podcast

Check out our Working Lunch podcast each week that includes further analysis into these legislative issues, policy, politics and much more. You can find Working Lunch on the Nation’s Restaurant News website, or by clicking here, and when you download the podcast and subscribe on iTunes here.

Legislature Status for Week of 11/26/18

  • The United States Senate is in session this week
  • The United States House is in session this week
  • Four state legislatures are meeting actively this week:
    • MA, MI, NJ & OH

The Regulatory Wrap-Up is presented by Align Public Strategies. Click here to learn how Align can provide your brand with the counsel and insight you need to navigate the policy and political issues impacting retail.

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Quikrete Industry Dashboard
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Quikrete Industry Dashboard

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The latest update of the Quikrete Industry Dashboard shows slight upturns for total starts and existing-home sales. Single-family starts, however, dipped for the second month in row. Gas prices continued their downward trajectory, dropping to $2.60 just in time for motorists to hit the road during the Thanksgiving holiday. Hardware and building supply stocks appear in all four quadrants of the Stock Roundup, where TSCO and SHW lead the pack.

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Regulatory Wrap-Up
Market Insights

Regulatory Wrap-Up

BY HBSDealer Staff

Wages

Federal – Senator Bernie Sanders (D-VT) introduced legislation that would ban large companies from buying back their own stock unless they meet a few criterion: pay all employees $15/hr, provide seven days of paid sick leave and prevent executive compensation from rising above 150 times the median employee pay. The senator named the bill the “Stop Walmart Act.” The bill has no chance of becoming law but certainly will serve as a talking point for Sanders over the coming months.

Michigan – The legislature is in post-election recess but once it returns, legislators are likely to address minimum wage. Ongoing discussions are focused on adjusting the provisions around the tip credit as well as the phase-in period. It remains to be seen what specific changes gain enough support. The Republican-led state is likely to move on the issue during the lame duck session, before the new governor, a Democrat, takes office in 2019.

New Jersey – The Assembly Speaker declared his support for passing a $15/hr minimum wage increase in the next few months. The state legislature has generally supported the increase and passed a bill in 2016 that then-Governor Christie vetoed. Negotiations are ongoing and focus on issues such as exemptions for certain industries and whether to include a tip credit and/or youth training wage.

Texas – Senate Democrats introduced legislation to raise the state’s minimum wage from $7.85/hr to $10.10/hr. The bill faces an uphill climb. But, given that the legislature is also likely to address preemption of local laws on paid leave and benefits, there may be an opportunity to advance a comprehensive legislative package that could include a moderate increase.

Denver, CO – The city is considering legislation to raise the minimum wage for city employees to $15/hr. Also under discussion, is extending the increase to city contractors, vendors and tenants which could impact a number of private companies. The mayor’s office has requested an economic impact study prior to action on the bill, which is expected to be completed early in 2019.

St. Paul, MN – The city council passed an ordinance raising the minimum wage for city businesses to $15/hr over a period of several years, depending on the size of the business. Importantly, the definition of franchises was adjusted and is now based on the total number of employees at locations owed by a single franchisee, as opposed to earlier language that classified franchisees as based on the size of the entire franchise system. The ordinance does not establish a tipped wage but does exempt youth workers in city-approved training programs. The first increase will go into effect in 2020.

Paid Leave

Michigan – In addition to scaling back the pending minimum wage increase, the legislature is also likely to adjust the recently-passed paid leave bill during its lame duck session. Adjustments to the amount of advanced notice employees must provide and employer record keeping provisions continue to be part of the discussion.

Etsy – The handmade goods marketplace updated its employee benefit policies to include some innovative offerings. Etsy currently offers up to 26 weeks of gender neutral paid parental leave and employees can now elect to trade in up to 14 weeks of that leave for a cash payment. The company will also offer subsidized backup childcare services beginning in 2019.

Scheduling

Philadelphia, PA – The city council was scheduled to continue debate on the city’s “fair workweek” legislation this week but postponed that action pending ongoing negotiations with the business community. The bill will likely be taken up at the Nov. 26 meeting and a final bill could be voted on as early as Dec. 6.

Walmart – The retail chain is expanding the use of its scheduling app to all stores nationwide by the end of Nov. Following a successful pilot launch earlier this year, the app incorporates employees in the scheduling process. It allows them the flexibility to add or swap shifts as well as establishing a “core hours” of standard weekly shifts. The app also benefits managers who have reported saving upwards of eight hours per week as a result of the automated process.

Labor Policy

EEOC – As a result of Equal Employment Opportunity Commission actions, employers paid about $505 million to nearly 70,000 workers in fiscal year 2018. Due to a combination of factors, the EEOC reported a 30% increase in filed complaints.

Google/Facebook – Facing public pressure campaigns, both Google and Facebook announced that they will eliminate mandatory arbitration to resolve allegations of sexual harassment.

H&R Block – A tax preparer hit the company with a proposed class action lawsuit in Illinois federal court, claiming the company’s non-compete clauses for employees and “no-poach” agreements between its corporate offices and franchises have illegally stifled wages and career advancement of thousands of workers. The lawsuit follows months of enforcement actions and lawsuits targeted at restaurants and is indicative of the momentum of the issue as it moves to other sectors.

Taxes

Federal – As Congress reconvenes for the lame duck session, the tax writing committees will continue to debate potential technical changes to the landmark tax reform law that passed earlier this year. House Ways and Means Chairman Kevin Brady indicated his office would soon release language addressing many of the technical concerns that have been raised. Of great interest to retail is the drafting error that now requires companies to write off certain investments over decades, rather than over one year as intended.

Data Privacy

U.S. Senate – Senator Ron Wyden (D-OR) introduced internet privacy legislation modeled after the European Union’s recently enacted General Data Protection Regulation (GDPR). The bill will get more attention in the next Congress but the proposal indicates the direction the U.S. House may take on the issue. While internet data privacy regulations have been long-debated, the ongoing public concern regarding the manipulation of consumer data and the effect social media networks have had on political dialogue makes regulatory action in this space more likely than ever.

Trade

U.S. International Trade Commission – The independent federal agency held two days of hearings to assess the potential economic impact of the proposed U.S.-Mexico-Canada Agreement as it prepares to make recommendations to Congress. The commission heard from labor groups, industry representatives and leading house Democratic lawmakers who will control the proposal’s fate when the new Congress convenes in Jan. Democrats and labor interests in particular indicated that improvements may be needed in order for the proposal to successfully pass the House next year.

China – The Trump Administration reiterated its intent to increase tariffs on $200 billion worth of Chinese imports from 10 percent to 25 percent effective Jan. 1, 2019. The announcement comes after reports that key U.S. officials had intimated that the increase was on hold pending a meeting between President Trump and Chinese President Xi at an upcoming G-20 meeting in Argentina.

Key Takeaways

  • Walmart’s announcement of a new scheduling app for its workers further isolates the industry on this issue and undercuts its traditional political arguments against a mandate. Brands are going to have to solve this issue for themselves because the likelihood of controlling the issue through the political process continues to diminish.
  • Former Starbucks CEO Howard Schultz continues to lay the groundwork for a 2020 presidential run. Brands should be prepared for the industry’s business model to be front and center if that happens. While the nomination of Andy Puzder provided a similar forum for examination, Puzder was a fervent defender of the restaurant business model and also of franchising. In contrast, Schultz is often characterized as the defender of his company’s progressive culture, standing apart from the rest of the industry. Starbucks turnaround under Shultz’s leadership is often characterized by a string of decisions or actions that bucked industry norms, often times portrayed as sacrificing short term gains in order to “do the right thing” by the company’s employees. In this way, Schultz’s growing national profile may increase the expectations of other brands, casting some practices in a negative light.

Legislature Status for Week of 11/19/18

  • The United States Senate is in recess this week
  • The United States House is in recess this week
  • Two state legislatures are meeting actively this week:
    • GA & MA

Podcast

Check out our Working Lunch podcast each week that includes further analysis into these legislative issues, policy, politics and much more. You can find Working Lunch on the Nation’s Restaurant News website, or by clicking here, and when you download the podcast and subscribe on iTunes here.

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