November 28, 2016


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U.S. Senator Amy Klobuchar visits Patina in Minneapolis to celebrate Small Business Saturday. 
Federal Overtime Rule   
Federal Judge Temporarily Blocks Overtime Rule That Was Set To Take Effect December 1 

A federal judge in Texas has issued an injunction blocking implementation of the U.S. Department of Labor's new overtime rule that was set to take effect December 1.  The proposed rule would have raised the overtime threshold to $47,476 from today's current $23,660.

The judge halted enforcement of the new rule in response to a lawsuit by 21 states and dozens of business groups. The lawsuit claims that the Department of Labor has overstepped its authority. 
 
What's Next? 

The ruling essentially puts the new rule on hold as the court case moves forward. The pause also gives Congress another chance to weigh the impact of the proposed rule changes.  
Consumer Fees
PaintCare Fee Increase Proposed For 2017
 
PaintCare--the organization that operates Minnesota's paint stewardship program--has requested a fee increase effective April 1, 2107.

The Minnesota Pollution Control Agency is seeking public comment on the proposed changes from November 15 through December 15.

In making the fee consumer increase request, PaintCare cites substantially lower paint sales (and subsequent collected fees) versus projections as the primary driver.


Current Fees


Proposed Fees
Half pint or smaller
$ -

Half pint or smaller
$ -
Larger than half pint to smaller than 1 gallon
$0.35

Larger than half pint to smaller
than 1 gallon

$0.49
1 gallon
$0.75

1 gallon up to 2 gallons

$0.99
Larger than 1 gallon up to 5 gallons
$1.60

Larger than 2 gallons up to 5 gallons
$1.99

Click here to view the proposed increases. Click here to provide comments to the MPCA.

2017 Legislature
NRF's Black Friday Report: 
Retailers Made Black Friday Irresistible for Consumers with Great Deals, Online and In-Store
 
From the National Retail Federation, November 27, 2016

"Strong deals and promotions encouraged more consumers to shop over the holiday weekend. More than 154 million consumers will shop over Thanksgiving weekend, up from 151 million shoppers in 2015, according to the annual Thanksgiving weekend results survey released today by the National Retail Federation and Prosper Insights & Analytics.

Average spending per person over Thanksgiving weekend totaled $289.19, down slightly from $299.60* last year. With an average of $214.13 specifically going toward gifts or 74 percent of total purchases.

"It was a strong weekend for retailers, but an even better weekend for consumers, who took advantage of some really incredible deals," NRF President and CEO Matthew Shay said. "In fact, over one third of shoppers said 100% of their purchases were on sale."

When it comes to where consumers shopped over the weekend, the survey found that 44 percent went online and 40 percent shopped in-store. The most popular day to shop online was Black Friday, up 1.3 percent from last year to 74 percent, followed by Saturday (49 percent), Thanksgiving (36 percent), and Sunday (34 percent). And, of those that shopped in store, 75 percent shopped on Black Friday, up 3.4 percent from last year, 40 percent on Saturday, 35 percent on Thanksgiving and 17 percent on Sunday.

As far as when people showed up in-store on Thursday and Friday, the survey found nearly three in 10 shoppers (29 percent) headed out after 10 a.m. on Black Friday, up from 24 percent last year. Less than 15 percent of consumers arrived to the stores by 6 a.m. or earlier on Black Friday. Early Thanksgiving Day in-store shopping dropped by 19 percent with only 7 percent of consumers heading to stores before 5 p.m. - while shopping that day itself was up one percent.
The survey also found that only nine percent of consumers have finished their holiday shopping, down from 11 percent last year. While 23 percent have yet to make any dents to their lists, up from 19 percent last year.

"With mid-season shopping behind us, it's not too late for retailers to tweak their online and in-store strategies to help increase traffic and see a big payoff during the last few weeks of the holiday season," Shay said.

Millennials (ages 18 - 34) continue to drive the increase in shopping during Thanksgiving Weekend. Eight in 10 shopped over the weekend, of which 25-34-year olds shopped the most in store (56 percent) and online (62 percent).

"Millennials are keeping retailers on their toes when it comes to Thanksgiving weekend shopping not just for their friends and family, but also themselves," Prosper's Principal Analyst Pam Goodfellow said. "However, Millennials are not the only ones taking advantage of great promotions, today's consumers, across ages, are savvy about when and where they shop."

It is clear weekend shoppers were in the mood to find great deals. Fifty percent of consumers that shopped in store indicated that the deals were too good to pass up. While another 32 percent of consumers shopped in store to continue their family Thanksgiving/Black Friday traditions.
The survey found that of those that shopped in store, 51 percent shopped at department stores, 34 percent at discount stores, 32 percent at electronics stores, 28 percent at clothing or accessories stores, and 25 percent at grocery/supermarket stores.

Some of the most popular gifts  purchased over the weekend included clothing or clothing accessories (50 percent), toys (32 percent), electronics (30 percent), books, CDs, DVDs, videos or video games (28 percent), and gift cards (20 percent).

According to the survey, 56 percent of smartphone owners and 53 percent of tablet owners used their devices to assist with weekend shopping activities.

The survey, which asked 4,330 consumers about Thanksgiving weekend shopping plans, was conducted November 25 - 26 and has a margin of error of plus or minus 1.5 percentage points."
 
ADA
No-Cost Webinar Next Tuesday:
Website Accessibility...Understanding the Law, Responding to Demands, and Practical Steps to Reduce Risk for Retail Websites

Demands and lawsuits against retailers for "inaccessible" websites exploded in 2016 with no end in sight. Currently, the Americans with Disabilities Act (ADA) is unclear as to what "accessibility" means and what technical standard such as WCAG might apply.

Join MnRA for an online webinar on December 6, 9:00 - 10:00 a.m. where one lawyer and two website accessibility IT auditors will:
  • Describe what "accessibility" means on a legal, technical and human level
  • Talk about where the ADA is going & what the Department of Justice (DOJ) is doing  
  • Real cases, what's going on inside other MN retail companies
  • Tactics for responding to demand letters from plaintiff firms
  • Demonstrate electronic screen-reader technology in-action
  • Show common accessibility failures along with actionable items to improve your site & reduce risk
ORC
Operation Blitz Targets Shoplifters Statewide During Holiday Season
 
From KSTP News, November 26, 2016

"Holiday shoppers aren't the only ones looking to stock up at stores. So are shoplifters. The National Association of Shoplifting Prevention says businesses lose up to $13 billion a year.  

That's part of the reason why thirty police agencies across Minnesota are working together for the first time to thwart seasonal thieves.

The coordinated effort is called Operation Blitz.  One of the towns taking part is Eagan, which has an abundance of shopping opportunities.  

 Officer Aaron Machtemes described to KSTP one of the tools "lifters" use.

"This is an actual bag used in a crime to conceal stolen items," said Machtemes.

To the average eye, it looks like a normal shopping bag, but a careful inspection reveals the sack is lined with tin foil to avoid detection by security sensors, "there are little rips where you can see tin foil showing."

The Twin Cities Organized Retail Crime Association says shoplifting calls go up 20-30% during November and December."
 
2017 Legislature
Legislature By The Numbers: Minnesota Goes Red, Senate Has 21 Rookies
 
From the Mesbi Daily News, November 25, 2016

"The Nov. 8 election was unpredictable and the 2017 Minnesota Legislature likely will be, too.

GOP candidates took many by surprise, including some fellow Republicans, and took over the state Senate. The GOP held a Senate majority in 2011-2012, but because of the election calendar this time it will be for four years, unless a Republican leaves office early.

City lobbyist Gary Carlson said others in the League of Cities wondered about the experience of the in-coming Senate. His research shows, leaving out five House members who were elected senators, there is an experience hole with 21 of 67 senators leaving the body.

Thirty-nine percent of those returning are Democrats, while 28 percent are Republicans, Carlson reports. Besides 21 rookies, 16 will be in their second term and 13 in their third term. That means three-fourth of senators are pretty new, in Senate years.

It is no surprise that there are more experienced Democrats since they have had more members for decades. Republicans will have the narrowest of majorities, 34-33, when they begin the 2017 regular session on Jan. 3. Of the 67 members, 51 are men.

While nearly a third did not report an occupation, 17 of those who did said they are in business, with nine others saying they are lawyers and seven being retired from other jobs. Five list their occupation as legislator.

In the House, Republicans will hold a stronger margin, 76 to 57 over Democrats. There will be a Feb. 14 special election to fill one seat. Eight-five representatives are men, with 48 women. There are a dozen new Republicans and 11 Democrats."
 
Bar code
Minnesota Retailers Associaiton
400 Robert Street North, suite 1540
St. Paul, MN 55101
Tel. (651) 227-6631 - mnretail.org - mnra@mnretail.org