Retail Association of Nevada • www.rannv.org
The RAN Matrix By Mary Lau, RAN CEO
FTER EACH LEGISLATIVE SESSION, THE RETAIL Association of Nevada prepares a deep dive issue of The Nevada News which historically includes our legislator scoring matrix from the immediate past legislative session. We chose the end of the year issue for this overview to give ourselves time to process and review in hindsight the outcomes of a very unique legislative session. To start with a brief walk down memory lane for our members, the matrix was born out of the need for a stable and concise way to measure and evaluate the legislation passed each session. This became more critical with ongoing conflict during legislative sessions concerning taxes on businesses verses raising sin taxes and/or gaming taxes. Nevada’s Constitution does not allow any personal income taxes so the resultant needs of any increased revenue must come from the business community. To further complicate the issue, none of that revenue can be applied to any personal funds received via licensing status. Quick 2
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answer, if your income from your business is reported on personal federal taxes Nevada is prohibited to tax those funds. The rapid growth of government under the terms of several governors resulted in continued “tax wars”. In 1991 Governor Bob Miller proposed a Business Activities Tax (BAT); which was so hated that Bob Price, chair of taxation and a member of the same party coined the phrase that the BAT was DOA. After spending most of the session maneuvering and arguing over the bill, Governor Miller was able to pass a watered down and hastily crafted Business License Tax. That tax had to be readdressed in the 1993 Legislative Session to correct the flaws and unintended consequences. Those two extremely difficult sessions gave rise to the Gibbons Tax Restraint Initiative that then Assemblyman Jim Gibbons successfully passed twice via the initiative petition process that now constitutionally requires two-thirds of the legislature to pass a tax increase when a tax bill is up for consideration. Fast forward to the 2003 Legislative Session
Mary Lau
where Governor Kenny Guinn attempted to pass a gross receipts tax on all businesses (with the exception of gaming). That session was even more chaotic and threatening and resulted in then Attorney General Brian Sandoval suing the legislature (Guinn v: Leg was the nickname). The Supreme Court ruled in favor of Guinn but later reversed the course and nullified that decision. The business community was only protected by the statesmanship of Majority Leader Bill Raggio and Speaker Joe Dini as they steadfastly refused to force a breach in the constitution and continued to negotiate until an agreed upon bill could pass with two-thirds vote. That statesmanship and the strong efforts of true leaders created a legacy that RAN continues
to adhere to. The next round of tax increases came when Brian Sandoval became Governor in 2010 and presented his own version of the gross receipts tax. Sandoval pushed until he too met the two-thirds requirement of legislators supporting his proposal. And we would be remis to exclude Governor Sisolak’s now infamous tax increase of 2019 that was forced through without a twothirds majority and was ruled unconstitutional by the State Supreme Court. All of this fighting, manipulation and hidden agendas became the set and setting for the creation of the RAN Matrix. OK, I can’t resist this as it’s too easy of a line: RAN, after the BAT fight, had to ask itself --- the red pill or the blue pill? If you didn’t see the Matrix movies – you really have to. We chose the red pill and chose to leave the comfort of ignorance and create a tool for evaluating the reality of our situation. It’s blunt to say, but the status quo in political life is to allow legislative abuses, apologize later for making their life miserable by opposing their bills, then give campaign money hoping they won’t Continued on page 10
www.rannv.org • Retail Association of Nevada
New Laws and the Impact on Nevada By Liz MacMenamin
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ANY LAWS THAT WERE PASSED IN THE 2021 Session have become law in Nevada. RAN (Retail Association of Nevada) has been following the bills as they go through the final processes of promulgating regulations to become law. The following bills became effective upon passage and approval: AB 178 now permits a pharmacist to fill a prescription for an
Liz MacMenamin
amount greater than the amount authorized by a prescriber, but only once
the governor has declared a state of emergency in the state. It also requires an insurer to cover the cost of these refills. The pandemic clearly exposed the problem with current regulations, and this now allows a patient to be assured that they will be able to obtain medications for maintenance of their medical conditions. The Board of Pharmacy had to waive the regulation restricting this practice during the
pandemic and this new law will now automatically go into effect upon the declaration of emergency without the board having to issue waivers in the future. This bill was bipartisan and passed unanimously. SB 408 is an example of the Board of Pharmacy submitting changes to the statute regarding the practice of pharmacy in Nevada. This bill requires all applicants for a license Continued on page 4
2021 Legislature In Review By Bryan Wachter
It’s almost that time of year when the candidates start calling again seeking endorsements and financial support. It’s the season of vague memories and empty promises as candidates say what they think we want to hear to give them our support. That’s why following every legislative session RAN releases our candidate rating matrix. Our matrix is how we reflect on the key issues of the session and hold legislators accountable for not just their voting records but also the promises they made to help business in
Nevada. Like always, we have selected the most critical votes in each house and made record of how each legislator voted. This year these votes included: Assembly Bill 61 now makes raising prices beyond 10% during a state of emergency a deceptive trade practice. Passed on a party line vote and signed by the governor. Assembly Bill 383 created a new government regulation that mandates energy efficiency standards for thousands of consumer
products, potentially decreasing availability and increasing prices. Passed on a party line vote and signed by the governor. Senate Bill 107 increases the statute of limitations for legal actions related to wrongful termination unnecessarily increasing the cost of doing business. Passed on a party line vote in the Assembly with two Republican Senators voting in favor and signed by the governor. Sometimes votes alone don’t give the whole picture, and that’s why
we also recognize the legislators who are approachable, even if we don’t agree on their votes, and the quality of the bills that are introduced, even if they don’t move forward. This year’s scores are mostly what we expected; with a few exceptions, Republican legislators scored well on the votes important to us while the Democratic legislators score poorly. ■ Continued on page 10
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New Laws as a pharmacist or pharmacy technician to submit fingerprints with their application. The executive secretary of the board explained that Governor Sisolak was the one asking for this to be implemented. This is a customary practice in other states and RAN supported this change. However, the attorney for the board, Brett Kandt, has recently issued the following legal opinion stating changes in this bill: “NRS 639.100(1)(a), as amended by Senate Bill 408, now states in pertinent part that it is “unlawful for any person to dispense or compound any prescript the person holds the appropriate certificate, license or permit required by this chapter or chapter 453 or 454 of NRS.” NRS 639.100(1)(a) operates in conjunction with NRS 453.371(2),3 NRS 453.377(1),4 NRS 454.215(1),5 NRS 639.015,6 and NRS 639.284(2),7 to require any pharmacist compounding or dispensing any prescription for a controlled substance or dangerous drug for a patient located in Nevada to be registered 4
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with the Board.” Pursuant to this opinion, this board is now stating that not only does any business working outside of Nevada be licensed to fill prescriptions for Nevada residents, but all pharmacists in the facility also be licensed in our state. These pharmacists are already licensed to practice in the state they reside in but now will have to be tested in Nevada to be able to assist in patient care in our state. Nevada would be the only state that requires this. I will also add that this could impact over one thousand pharmacists effectively raising the budget of the board by a very hefty amount, while impacting the health care of residents in our state. This boards budget is funded by licensures and fees. The practice of pharmacy has many facets and much of the administrative work for filling a prescription for a Nevadan may be done in another state by a licensed pharmacist or a pharmacy technician in that state. The facility is already licensed to do
business in Nevada with the Board. RAN would argue that the facility does hold the appropriate license to do business in our state without further requiring all their employees be licensed in our state. It is specifically this practice, that has been status quo for 60 years, that allowed the community pharmacy to be on the front lines during the pandemic. RAN has reached out to the governor’s office to discuss this new interpretation of the law but as of print we have not heard from Governor Sisolak’s office. The following bills became effective October 1, 2021: SB 229 will allow a pharmacist to engage in a collaborative practice agreement with other health care providers to care and treat patients in the pharmacy. This bill clarifies the practice agreement and now enables patients in our state to receive appropriate care from one of the most trusted health care providers available to them in their communities. This bill became effective on October 1, 2021. There
are no regulations that need to be promulgated for the implementation of this statute change. This bill was bipartisan and passed unanimously. SB 325 allows a pharmacist to prescribe, dispense, and administer the drugs necessary to prevent the acquisition of human immunodeficiency virus for at risk patients. It will also require health plans to include coverage for the drugs. RAN is currently waiting for the Board of Pharmacy to promulgate regulations for this new law. The bill sponsor for this legislation was a republican and was bipartisan. It passed unanimously. This is a few of the bills that RAN followed during the legislative session. These bills are the very ones that we will be using for the “report card” on legislators for the 2021 Session Matrix. These new laws will have an impact on your business and on a more individual basis as a member of the community in Nevada. If you have questions on any of these bills or others that we will be using please contact a member of the RAN team. ■
www.rannv.org • Retail Association of Nevada
Bills that Made Up the Score Card
AB61 TRADE PRACTICES Sponsored by the Attorney General to revise provisions relating to trade practices and price gouging. Bottom Line – Bill assumes all businesses are likely to participate in price gouging. As a result, this bill attempts to correct a problem that doesn’t e xist. Bill takes a dark view of businesses in general. Despite our efforts to work with the sponsor, RAN opposed the final bill. Bill passed. Link https://www.leg. state.nv.us/App/NELIS/ REL/81st2021/Bill/7314/ Overview AB177 PRESCRIPTION DRUGS As originally written, this bill would have required a pharmacy to provide a second label on a prescription bottle in a language the patient may request. This service would be extremely cost prohibitive for a pharmacy to implement thereby adding additional costs for prescriptions. The original version also required a pharmacy licensee or pharmacist be held liable for the correctness of the translation while at the same time there is no way
for pharmacy personnel to verify the label is the correct translation of the English label. Bottom Line – RAN opposed this bill as written. However, after many discussions with the bill sponsor, Assemblywoman BenitezThompson (D-27), changes were negotiated to require directions for use only to be printed on the label in another language. Amendments gave liability protections to pharmacies and pharmacists who follow the rules and moved the liability for incorrect translations to the thirdparty vendors. RAN supported the final amended version of the bill. It passed. Link https://www.leg. state.nv.us/App/NELIS/ REL/81st2021/Bill/7541/ Overview AB190 EMPLOYMENT Allows employees to use sick time to assist family members with medical needs. Bottom line – Employees can use sick time to help family members with medical needs. Employees can be up front with employers rather than use an excuse for a verified need. RAN supported the bill and
it passed. Link https://www. leg.state.nv.us/App/ NELIS/REL/81st2021/ Bill/7578/Overview
AB207 GENERAL BUSINESS This bill expands the definition of “place of public accommodation” to include any online business that offers goods or services to the general public in Nevada through an internet website, mobile application or other electronic medium and is not operated in conjunction with a physical location which is open to the public. Bottom Line – As introduced this bill increased the burden and created liabilities for businesses to ensure their online platforms conformed with the accessibility requirements of a “place of public accommodation”. RAN was neutral after amendments to address business concerns. Bill passed. Link https://www.leg. state.nv.us/App/NELIS/ REL/81st2021/Bill/7610/ Overview AB383 GENERAL BUSINESS Requires Director
of the Office of Energy to adopt standards of energy efficiency for certain appliances; prohibiting the sale, lease, rental or installation of certain new appliances that are not in compliance with energy efficiency standards. Bottom Line – This legislation will greatly increase the cost of new appliances and decrease consumer choice in several hundred product categories. RAN opposed the bill. Bill passed. Link https://www.leg. state.nv.us/App/NELIS/ REL/81st2021/Bill/7985/ Overview AB440 GENERAL BUSINESS Judicial cleanup bill which clarifies when an offender has to appear before a magistrate and who can perform an arrest. As introduced, the bill would have not allowed a law enforcement officer to cite or remove a disruptive person from a place of business. The amended version provides a narrow reason an officer may remove a disruptive person from a place of business. Bottom Line – The bill decreases law enforcement discretion in the field and Continued on next page 11
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RESIGNATION State Senator Ben Kieckhefer resigned from the Nevada Legislature to accept an appointment by Governor Sisolak to the Nevada Gaming Commission. Kieckhefer has served in the state legislature since 2011, representing parts of south Reno to Carson City. His replacement, mortgage broker Don Tatro, was selected by the Washoe County Commissioners and the Carson City Supervisors. Tatro was a former executive director of the Builders Association of Northern Nevada and lobbied the state legislature for several sessions. Tatro is not expected to run for the seat. Nevada Independent REDISTRICTING BILL The Nevada Assembly passed a major redistricting bill on mostly party lines on November 16 for the Legislature’s once-in-a-decade districtdrawing process. The bill passed on party lines in the Senate and was signed by the governor in spite of complaints from Republicans that it skews maps too far in favor of Democrats and from community advocates that it didn’t take their concerns into consideration.
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Nevada Notes
Assemblyman Edgar Flores (D-Las Vegas) was the only Democrat to join Republicans in opposing the bill, as he apparently was concerned the maps diluted the Hispanic vote. Republican and even the ACLU have said they will be looking at the maps in the coming weeks to determine if they will take any legal action. In floor speeches, Republicans criticized a process plagued by language barriers, technical glitches, and an irregular schedule. According to an analysis from the Princeton Gerrymandering Project, new maps would tilt 15 of 21 state Senate seats and 29 of 42 Assembly districts toward Democrats, with only eight legislative seats (3 in the Senate, five in the Assembly) considered competitive. Nevada Independent NO UNEMPLOYMENT INSURANCE RATE INCREASE FOR 2022 Silver State entrepreneurs caught a glimpse of a silver lining in an otherwise bleak economy when Gov. Steve Sisolak announced on November 10 that there would be no unemployment insurance rate increase for 2022. “The public comment process worked,” said
ESD Administrator Lynda Parven in a news release issued by Governor Sisolak. “We are open to hearing from our constituents and adjusting as needed to ensure the success of all Nevadans.” DETR held a hearing last month where they proposed to raise the UI rate from 1.65% to 2%. At the start of the hearing, DETR announced they would lower the increase to 1.85%. Despite that adjustment, several business associations and business owners expressed opposition to the increase, stating the burden should not be placed on businesses that were forced to close by administrative action, and not through any fault of their own. A Nevada woman has pleaded guilty to defrauding the California unemployment system of more than $175,000 in unemployment benefits by using dozens of stolen identities. Danielle Lacharis Buck copped to one count of mail fraud and one count of aggravated identity theft. Buck, 46, admittedly stole $175,622 in unemployment insurance benefits from the California from September 2010 to April 2019. Nevada Independent
NATURAL GAS State Regulators are turning their attention to natural gas as the state seeks to transition away from burning fossil fuels to meet a goal of net-zero carbon emissions by 2050. At the center of this transition is Southwest Gas. The company is the state’s largest utility provider of the methane gas used in businesses and homes. Southwest Gas wants to double-down on the fossil fuel — calling for expansion of natural gas infrastructure and labeling gas as a “bridge” in the energy transition — even as a coalition of climate and environmental justice organizers call on policymakers to move toward renewables. Nevada Independent TECHNOLOGY FEE REFUNDS DMV offices across Nevada will begin issuing technology fee refunds to customers who were charged between July 1, 2020 and August 31, 2021. The tech fee refund will be distributed as $1 bills. Commercial fleet customers will receive their technology fee refunds by check in the mail. Technology fee charges ceased in May response to a Nevada Supreme Court decision earlier in A few Continued on page 10
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COVID-19 VACCINE MANDATE SUSPENDED OSHA is suspending enforcement of the Biden administration’s COVID-19 vaccine mandate for large private businesses after a federal appeals court upheld a stay on it last week. OSHA said in a statement on its website that while it is confident in its power to protect workers amid the pandemic, it is suspending activities related to the mandate, citing the pending litigation. The Hill PRICES HAVE GONE UP This will be an incredibly expensive Christmas, but apparently shoppers don’t care. Prices have gone up on groceries, essentials, home appliances, fast food and all sorts of consumer goods. Inflation is at more than a decade-long high. That means 2021 will be among the most expensive holiday shopping seasons ever. But shoppers aren’t holding back just yet Companies are confident you’ll keep paying higher prices, especially during the holidays. Despite a global supply chain crisis, a resurgence of Covid cases and high inflation, America’s economy remains in pretty decent shape. Consumers aren’t spending as much as they did in the spring, when they still had gobs of money to blow from their stimulus
National Notes
checks, but they continue to open up their wallets — albeit for some smaller purchases. CNN CONSUMERS INCREASNG THEIR SPENDING The latest retail sales figures for October showed consumers were increasing their spending, with sales jumping 1.7%. That compares to a 0.8% increase in the prior month. The report showed broad strength in a number of categories from autos to sporting goods. Online sales were up 10.2% from a year ago. The gains came even as consumer prices surged 6.2% year-over-year last month, inflation not seen since the 1990s. Home Depot reported a net sales jump of 9.8% last quarter. The home improvement retailer also said fiscal fourth-quarter sales were already tracking higher than last quarter, pointing to a possible strong year-end finish. In another sign of consumer strength, Walmart reported U.S. same-store sales jumped 9.2%, excluding fuel. Market Watch CONSUMERS ARE SHOPPING EARLIER THIS YEAR With retailers starting their holiday messages early this year, and supply chain
snafus continuing to make headlines, consumers are shopping earlier this year. A great majority (83%) told RetailMeNot that they would start shopping before Thanksgiving, with 19% saying that started in August or even earlier, 18% said September, 22% October, and 24% this month. Pinterest found that holiday-related searches were 43 times greater in August compared to last year. Retail Dive COMPETITIVE JOB MARKET Just like every year, an abundance of retail jobs will be open this holiday. But this time around, there might not be enough workers to fill them. With a competitive job market threatening to bleed through the hectic holiday shopping season, retailers are now taking extra measures to lure in potential candidates and keep their existing ones Walgreens Boots Alliance and CVS plan to raise their minimum hourly wage to $15, and Costco raised pay to $16 earlier this year. Amazon is offering sign-on bonuses up to $3,000 and healthcare benefits to some candidates, while Kohl’s is giving associates a $100 to $400 bonus for working during the holiday season. The number of job openings in the retail industry reached 1.2 million in July with about 906,000 hires. The
unemployment rate in retail is at 6.5% as of August, a little better compared to 7.3% in May. Retail Dive LABOR SHORTAGE The U.S. retail industry will have a labor shortage of approximately 350,000 workers heading into November and December, according to a study from Salesforce. Many workers are holding out for or leaving for higher wages, while extended unemployment benefits in some states and the gig economy have also had an impact. That is why retail seasonal hiring did not get off to a great start this year. Despite recordhigh seasonal hiring announcements from retailers, retail seasonal hiring fell 9% in October from the same period a year ago. U.S.based companies announced 940,300 seasonal hiring plans. This is up 11% from the 849,350 in 2020 and the most since tracking began in 2012. One of the biggest seasonal hiring announcements came from Amazon, which is looking to hire 150,000 seasonal jobs. UPS is looking to hire 100,000! Retailers added 218,500 jobs in October, down from the 239,200 added in the year-ago period, which was a record. Retail Dive Continued on page 12
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2021 Legislature In Review legislators of note include: • Senator James Settelmeyer received the best score of 100%, followed by Assemblywoman Jill Dickman at 95% • Ranking near the top of the Democrats in our scoring, Senator Dina Neal as chairwoman of Senate Revenue and Economic Development allowed the business community to be part of the discussion on the legislation heard by her committee, even though we didn’t always agree on the outcomes.
year’s matrix is a growing anti-business culture in the legislature. We were successful in amending or defeating some of the worst bills, but that doesn’t change the fact that the progressive members of the Democratic party are proposing ideas that directly and negatively impact Nevada’s business culture. A few of our takeaways include:
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eliminating all exemptions to the current law. AB61 Trade Practices Bill assumes all businesses are likely to participate in price gouging. As a result, this bill attempts to correct a problem that doesn’t exist and takes a dark view of businesses in general.
AB303 would have mandated that all employees with more than 50 employees would be subject to the mandated PTO requirements
AB22 The bill is a pandora ’s box for manufacturers and retailers and had significant implications on intellectual property in the state of Nevada by requiring manufacturers to allow anyone to repair their products.
Continued from page 2 light. Often times business hurt you as much in the bills are introduced, good next session. Well, that’s and bad, and either are not the way RAN rolls nor withdrawn or never is it the path we chose. get a hearing. RAN staff The matrix was specifically proposed that these bills created so that one justified considerations too particular issue would not and can more accurately dominate the thought tell the attitude of a process on the “why” do legislator concerning your we support a particular business concerns than candidate. just looking at the bills that RAN’s legislative went to vote. committee members were Another modification tired of the attacks against includes committee business and wanted an assistance. Again, objective, data-driven sometimes the right device to judge each question can prompt more session by. Over the years objective considerations the matrix has been fine of bills. That discussion tuned when additional contains the possibility considerations came to
to strengthen, kill or amend a bill. Those votes and/or assistance wasn’t considered originally but now are part of RAN’s review process. We have also added over time a measurement of accessibility. If you can’t meet with a legislator to discuss issues, their constituents needed to know that too. The goal of the RAN Matrix is to fairly represent each legislators’ attitude during each separate legislative session. It is designed to keep out personalities, prejudices or hurt feelings that can
What we see in this
Matrix
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With the 2022 election approaching, we have to pay attention. The matrix tells us if legislators’ votes match what they’re saying during the campaign, and lets us know if they are working for the good of the state, their own personal beliefs or progressive talking points. So before you take that candidate phone call, check the matrix.
occur. It is designed to only represent the data and the bills that you will see are never chosen in advance. The formation of the matrix starts with a focus group setting on the bills and their impact. They are then whittled down and chosen. That is when the actual votes are considered. I commend Bryan and Liz for their hard work preparing the 2021 Legislative Matrix for you. They have been working diligently on this new matrix, and I hope it provides guidance to you when you consider those returning candidates and legislators. ■
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Score Card Bills removes an important tool for business owners in protecting their employees and customers. RAN is neutral on the amended bill. Bill passed. Link https://www.leg. state.nv.us/App/NELIS/ REL/81st2021/Bill/8108/ Overview SB107 JUDICIAL As introduced, this bill would create a statute of limitations of 4 years for wrongful termination. This would increase it from the current legal precedent of 2 years. Bottom Line – Bill was amended to 2-year statute of limitations and clearly outlined the timeline for action. RAN was neutral after amendments. Bill passed. Link https://www.leg. state.nv.us/App/NELIS/ REL/81st2021/Bill/7410/ Overview SB229 PHARMACY Revises certain pharmacy practices. Bottom Line – The bill strengthens the collaborative practice laws implemented in 2017. The sponsor of the bill, Senator Ratti (D-13), worked with the Department of Health and Human Services and the industry to clean up previous statutes regarding this practice. Bill allows a physician and a pharmacist to work collaboratively to
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treat patients. RAN supported the bill and it passed. Link https://www.leg. state.nv.us/App/NELIS/ REL/81st2021/Bill/7750/ Overview SB320 GENERAL BUSINESS Enacts various provisions relating to food delivery platforms. Bottom Line – Codifies various rules enacted during COVID-19 for any future emergency. RAN supported the bill and it passed. Link https://www.leg. state.nv.us/App/NELIS/ REL/81st2021/Bill/7947/ Overview SB320 GENERAL BUSINESS Enacts various provisions relating to food delivery platforms. Bottom Line – Codifies various rules enacted during COVID-19 for any future emergency. RAN supported the bill and it passed. Link https://www.leg. state.nv.us/App/NELIS/ REL/81st2021/Bill/7947/ Overview SB325 HEALTH CARE Establishes provisions to prevent the acquisition of human immunodeficiency virus (AIDS). Bottom Line – The
bill allows a pharmacist to dispense medications for prevention and treatment of the human immunodeficiency virus. Also requires a pharmacist receive recognition and receive renumeration as a health care provider. The sponsor of this bill, Senator Settelmeyer, (R-17), worked closely with RAN regarding the bill language. RAN supported the bill and it passed. Link https://www.leg. state.nv.us/App/NELIS/ REL/81st2021/Bill/7959/ Overview SB386 EMPLOYMENT Relating to employment practices; requiring certain employers to provide certain employees with written notices containing certain information in the event of a layoff; requiring an employer to retain certain information relating to a laid-off employee; requiring an employer to offer certain job positions to a laid-off employee under certain circumstances; prohibiting an employer from taking certain adverse actions against certain persons; authorizing civil actions and actions by the Labor Commissioner to enforce certain provisions; providing for the severability of certain provisions by
a matrix under certain circumstances; revising certain requirements for regulations relating to public accommodation facilities and SARS-CoV-2. Bottom Line – An over-reaching bill designed to protect employees from the employment effects due tothe pandemic. A last-minute amendment excluded all employers with 30 or less employees from the provisions of the bill. RAN opposed the bill and it passed. Link https://www.leg. state.nv.us/App/NELIS/ REL/81st2021/Bill/8080/ Overview SB420 HEALTHCARE Creates public health plan for certain Nevada citizens and requires plans that offer coverage for worker’s compensation, Medicare, or PEBS to also offer a plan on the public option with premiums discounted by 5% of the market rate. Bottom Line – The plan creates a massive unfunded mandate and creates another state bureaucracy whilehaving very limited positive impacts on the uninsured in Nevada. RAN opposed this bill. The bill passed. Link https://www.leg. state.nv.us/App/NELIS/ REL/81st2021/Bill/8151/ Overview
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National Notes SAM’S CLUB AT FULL STAFFING “We’re at full employment in the field,” said Sam’s Club CEO Kathryn. “It’s probably the statistic that I am most proud of. Our clubs have been at full staffing for probably over three months.” To be sure, Sam’s Club being at full employment inside of its roughly 600 stores is the exception rather than the norm right now in retail. McLay said the secret sauce for Sam’s Club has been a combination of higher wages and a clear pathway for career advancement. “A little while ago, we announced that we’re at $15 as a minimum wage, but our average wage is actually around $17.30. That has been a multi-year program to build up our wage rate to make sure that we have what we call destination jobs and career ladders.” Yahoo Finance FEAR OF SHOPPING DELAYS ISEXPECTED TO GIVE A BOOST TO IN-STORE SHOPPING THIS YEAR. More Americans are planning to shop in-store this year, rebounding near 2019 levels. About 31% of consumers plan to shop instore this year, compared to 35% in 2019 and 22% in 2020. Of those shopping in-store, 71% said it is because they do not want to risk shipping delays. In other findings, 12
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younger generations are giving a big boost to holiday spending this year as 26% of Americans are expecting to spend more during the holidays this year than last, up 10% from those who expected to spend more in 2020. Chain Store Age WALMART HAS HIRED WOMEN TO FILL THEIR PANDEMIC WORKFORCE GAP Women account for around 54% of Walmart’s U.S. workforce but made up only 49.8% of new hires the first half of the year. “We acknowledge women may have been adversely affected by the pandemic and as a result are leaving the workforce,” Walmart EVP and Chief People Officer Donna Morris said. Measures they have taken to attract women are support for family leave, predictable scheduling, and “policies and benefits that support flexibility, wellness and inclusive behaviors.” Walmart announced in July that it will cover 100% of college tuition and books for eligible associates. Winsight Grocery Business TARGET’S GROWTH IN THIRD QUARTER UP 12.7% Amid a widespread supply chain crunch, Target executives said they “feel good” about their inventory
levels leading up to the holiday season. Target’s inventory in Q3 increased by over $2 billion compared to last year. Similar to recent quarters, traffic was the primary driver of Target’s growth in the third quarter with comparable sales up 12.7% on top of last year’s 20.7% growth. Store comparable sales increased 9.7%, while digital comp sales rose 29% following last year’s 155% uptick. Chain Store Age TJX COS. REVENUE AND EARNINGS The TJX Cos. reported revenue and earnings that beat analysts’ expectations as comp-sales rose across all its brands, with Home Goods the star of the show. The parent company of T.J. Maxx, Marshalls, Home Goods, Sierra, Home Sense and others reported that its net income totaled $1.02 billion in the quarter ended Oct. 30, up from $866.7 million a year ago. Net sales totaled $12.5 billion, up 24% from the year-ago period. Net sales increased 20% versus the third quarter of pre-pandemic 2020. During the quarter some of the company’s stores in Australia were closed due to the pandemic resulting in about $30 million to $40 million in estimated lost sales. Chain Store Age
PORCH PIRACY A new study finds porch piracy will surge this holiday season as a record $207 billion in online holiday shopping is expected to increase deliveries. Last year, a record 20 billion parcels were shipped in the U.S. and a survey found 43% of Americans had a package stolen. Global supply chain issues caused by the pandemic will exacerbate matters by disrupting delivery times this holiday season. CCTV Camera World released a study on the Rise of Package Theft in America using FBI crime data through 2020. CCTV Camera World Business interests are emerging as winners in President Biden’s social spending and climate plan. The White House proposal to invest in clean energy, childcare, education, housing and other Democratic priorities has sparked an unprecedented lobbying blitz from corporate America and other advocates. Across industries, business groups successfully pushed lawmakers to make significant changes to key sections of the original $3.5 trillion bill. Retailers, drugmakers, private insurers and clean energy firms have emerged as some of the biggest winners. The Hill
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The Rise of the Plaintiff
I
N 2021, BOTH HOUSES OF THE NEVADA LEGISLATURE AND the Governor’s Office were occupied by members of the Democratic party for the second consecutive legislative session. As one-party control solidified, it came as no surprise that a significant amount of legislation was advantageous to a primary interest group of the majority party, the plaintiff’s bar. While the 2021 legislative session did not see a major effort by the plaintiff’s bar in one specific area as we have seen in the past with medical malpractice or construction defects, a myriad of bills created private rights of action, or classified various activities as deceptive trade practices. Other plaintiff friendly bills, outside the scope of this article, focused on workers compensation cases. The bills expanding the definition of deceptive trade practices or creating private rights of action allow private plaintiffs to proceed directly to court. More significantly, the bills set forth various recoverable damages, including attorney’s fees, costs, and sometimes
By McDONALD CARANO
punitive or treble damages. Employers should pay attention to this trend, as each bill demonstrates a target area for the plaintiff’s bar and exposes employers to high litigation costs. Some of the bills in this arena that are now effective in Nevada include: AB 47 (Non-Compete Clauses) l Expands the current prohibition on noncompete clauses to hourlywage employees. l Expands the definition of deceptive trade practice to include certain price increases during a state of emergency. l Expands the definition of deceptive trade practice to include an “unconscionable practice,” which is defined as taking advantage of an ignorant or inexperienced consumer, gross disparities between price and value, or unfairly excluded consumer access to a good or service. l Expands the definition of deceptive trade practice to include threatening or intimidating text messages as part of a sales effort, or causing harm through voice or text messages displaying
inaccurate or misleading information.
were not offered their prior job back.
AB 359 (Non-English Contracts) l Defines a deceptive trade practice to include contracts provided only in English by a business that advertises and negotiates in non-English languages.
SB 293 (Wage History) l Creates a private right of action against certain employers who seek the wage history of job applicants.
SB 320 (Food Delivery Service Platforms) l Makes it a deceptive trade practice if a food delivery service platform fails to disclose delivery fees and gratuities or charges more than 15% of the food purchase price during a state of emergency. SB 329 (Health Care Providers) l Makes it a deceptive trade practice if a health care provider prohibits a third-party insurer from steering patients to certain health care providers. AB 296 (Doxing) l Creates a private right of action for a person whose personal identifying information is disclosed without their consent and with an intent to harm. SB 386 (Right to Return) l Creates a private right of action for certain hospitality employees who were laid off during the COVID epidemic and who
SB 254 (Background Checks) l Created a private right of action against landlords who conduct certain background checks on prospective tenants. Note: this bill was vetoed by the Governor after the session. AB 157 (Police Calls) l Creates a private right of action against persons who, with ill intent, call on law enforcement to contact a person because of their race, religion, national origin, disability, or sexual orientation. If past is prologue, the 2023 legislative session will continue the trend of plaintiff-friendly legislation. Employers and businesses should keep their guard up and remember that many small efforts to change the law can have just as big of an impact as a large, wellpublicized effort. ■
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Retail Association of Nevada • www.rannv.org
Important Information for SIG Members NRS requires all existing members of a self-insured group to be notified of all new members. NRNSIG new members are listed below. Donny Osmond Concerts Life Skills Unlimited Watkins Group Nevada LLC dba TWG Nevada NRNSIG members who wish to register a negative vote on a new group member, please write NRNSIG at 575 S. Saliman Road, Carson City, NV 89701, indicating which member and the reason(s) for the negative vote.
Fun Facts About December
An almanac prediction states that if snow falls on Christmas Day, Easter will be warm, green and sunny. The name December comes from the Latin decem for “ten”, as it was the 10th month in the Roman Calendar. The term Yuletide comes from a Norse tradition of cutting and burning a tree to bring in the Winter Solstice. This was to last through 12 days – later known as the 12 days of Christmas. Saint Nickolas, who would eventually be called Santa Claus, was originally the patron saint of children, thieves and pawnbrokers! December 28th is considered by some to be the unluckiest day of the year.
“Workers’ comp that works for you” Retail Association of Nevada
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Membership Information: Find out more about RAN’s self insured group. Call Pro Group, 800-859-3177, or the RAN office at 775-882-1700 (toll free in Nevada 800-690-5959). Don’t forget to check out our website, www.RANNV.org.
www.rannv.org • Retail Association of Nevada
Shopping Over Thanksgiving Weekend and Cyber Monday Brings in Estimated $516 Million from Nevada Consumers STATEWIDE HOLIDAY SPENDING PROJECTED TO GROW BY 10 PERCENT
FTER THE TRADITIONAL TURKEY FEAST WAS wrapped up, consumers throughout Nevada kicked off the long shopping weekend by heading to stores and online retailers to take advantage of this year’s best deals and markdowns over the Thanksgiving weekend continuing into Cyber Monday. In the Silver State, the Retail Association of Nevada (RAN) estimates that over 1.7 million people spent a total of $516.3 million on gifts, decorations and other merchandise over the fiveday period. Nationwide, an estimated 179.8 million consumers shopped over the Thanksgiving weekend and on Cyber Monday, marking a 3.5 percent decrease from 2020 as nearly half of consumers took advantage of early holiday sales before the weekend. Shoppers over the five days spent an average of $301.27, with over $215 going toward gifts and holiday items, according to NRF survey data. “Consumers turned out in a big way
over Thanksgiving weekend, but unlike in the past, Black Friday is no longer the unofficial start to the holiday season; Thanksgiving weekend is now more like halftime than kickoff, with consumers beginning their shopping weeks and months in advance to find the best deals,” said Bryan Wachter, Senior Vice President of RAN. “Retailers may have left stores dark this year on Thanksgiving, but with pandemicdriven investments in e-commerce, consumers have more options than ever when it comes to holiday shopping.” RAN forecasts consumer retail sales in Nevada to grow by 10.0 percent during the holiday shopping season this year to reach a record $5.5 billion. The projected surge in holiday shopping would continue the months-long trend of rising retail sales, which have been aided in part by rising personal incomes from pandemicrelated federal stimulus programs, higher savings
rates and growing wages amid the tight labor market. The holiday shopping season spans November and December, and consumer spending figures exclude auto sales, restaurants and gasoline. On the national level, holiday consumer spending is projected to increase between 8.5 and 10.5 percent, according to the NRF. During the Thanksgiving weekend shopping period, an estimated 104.9 million consumers shopped instore, up 13.7 percent from 2020, while 127.8 million consumers shopped online (-12.1 percent), according to NRF survey data. The busiest day of the shopping weekend for in-store purchases came on Black Friday when an estimated 66.5 million consumers hit the stores. Black Friday was also the most popular day for online shopping with 88.0 million consumers making a purchase from behind a screen. Cyber Monday came in close second for online shoppers with an estimated
77.0 million consumers. A growing trend for consumers across the United States in recent years has been getting an earlier start on holiday shopping to avoid busy retailers during Thanksgiving weekend. In 2021, an estimated 49.0 percent of shoppers had already taken advantage of early holiday sales prior to Thanksgiving weekend. The long holiday season offers further flexibility for shoppers as Thanksgiving weekend is no longer the only time retailers are offering deals and discounts. According to an NRF survey, 84.0 percent of consumers indicated that they had already started their holiday shopping by Thanksgiving, and those consumers had completed roughly 52.0 percent of the total holiday purchases. Top purchases over the Thanksgiving shopping weekend included apparel (purchased by 51 percent), toys (32 percent), gift cards (28 percent), books and video games (27 percent) and electronics (24 percent), according to the NRF. ■
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