Prepared and Distributed by The Midwest Hardware Association, Inc.
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Wisconsin Governor Evers Signs Bill Freezing UI Tax Rates Through 2023
By Misha Lee, MHA Wisconsin Lobbyist
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As employers continue to recover from the challenges brought about by the COVID-19 pandemic, the Wisconsin Republican-controlled state legislature and Democratic governor have finally found common ground this session to help try and ease the burden on Main Street businesses. Governor Tony Evers signed legislation this summer that prevents an increase in Unemployment Insurance (UI) contribution rates on employers through 2023. This is a positive development for businesses all throughout Wisconsin.
- Prevents the increase of unemployment insurance tax rates on employers by ensuring the state remains in Schedule D for tax years 2022 and 2023; and
- Requires $60 million of General Purpose Revenues (GPR) to be transferred into the UI trust fund in each fiscal year of the 2021-23 biennium to offset any lost revenue
By way of a little background, under state law most private employers are required to make regular payments to the Unemployment Insurance (UI) program at a rate determined by state statute. State law requires two types of payments - contribution payments and solvency payments. Both types of payments are tied to one of four schedules (A-D) with Schedule A containing the highest rates for employers to pay and Schedule D containing the lowest rates. The balance of the Unemployment Reserve Fund on June 30th of each year determines which schedule will be in effect for the next calendar year. State law specifies that Schedule D is in effect for any calendar year whenever, as of the preceding June 30th, the fund has a cash balance of at least $1,200,000,000. Schedule D is in effect for calendar year 2021.
See new employer Schedule D Unemployment Insurance tax rates for 2021 here. The legislature is in summer recess until late September when they will reconvene for the fall legislative session.
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Congratulations to Gasser Lancaster!
Join us in Congratulating Gasser's Lancaster location for celebrating 50 years on August 12!
Let's Celebrate You!!! Let us know what you have going on and we will spotlight you! Email us at [email protected].
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Ban the Box Law
36 states and over 150 cities and counties have adopted what is widely known as “ban the box” so that employers consider a job candidate’s qualifications first-without the stigma of a conviction or arrest record. Borne out of the work of All of Us or None, these policies provide applicants a fair chance at employment by removing conviction and arrest history questions from job applications and delaying background checks until later in the hiring process.
Minnesota
Private employers in Minnesota are prohibited from asking criminal history questions on an initial job application. This measure is known as a “ban the box” law referring to the box on applications that candidates are asked to check off if they have been convicted of a crime.
Under the “ban the box” law, Minnesota employers will still be able to make criminal history inquiries either during a job interview or after a conditional offer has been made. Also, limited exemptions are provided for positions subject by state law to mandatory background checks, such as school bus drivers or jobs with the Department of Corrections.
Illinois
Illinois law prohibits private employers with 15 or more employees in the current or preceding year and employment agencies from asking criminal history questions on job applications. Employers may still lawfully make criminal history inquiries after a candidate has been selected for an interview or, if there is not an interview, after a conditional employment offer has been made.
The Job Opportunities for Qualified Applicants Act has limited exemptions, including for emergency medical positions or where an employer is required to exclude applicants with certain criminal convictions from employment due to federal or state law. State agencies already had been prohibited from including criminal history questions on initial job applications.
Employers should be aware that Chicago and Cook County have “ban the box” measures that go further than Illinois law.
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Payroll Software Update
As we reported earlier in the year, we were anticipating having live stores on our new payroll system by the end of June. However, we have experienced unexpected delays due to staff shortage and having our team cover the payroll desks. We appreciate your patience through this process.
We are happy to announce that we have our first stores going live this week. This has been a tremendous effort from our payroll team and other MHA team members assisting to get here! Congratulations team!
So, you might be thinking where does this leave my business, when are we getting on the new software. I understand and appreciate the urgency (we feel it too). In the next month, as we continue to progress and learn from onboarding a few clients, we will have a better idea of what a roll out schedule may look like.
Again, we appreciate your patience, as I know that you have been anticipating this for a while. We are making progress and remain committed to serving you in the best way possible.
If you have any concerns, please call me or email me directly. [email protected] or 715-254-9618
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Minnesota: Disabilities (ADA)
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Changes have been made to Duty to Accommodate effective July 1, 2021. Pregnancy Accommodations will be updated effective January 1, 2022 (this will now affect employers with 15 or more employees).
Disability Discrimination in Minnesota
In addition to the federal equal opportunity Minnesota employers must comply with state antidiscrimination laws, including the Minnesota Human Rights Act (MHRA). If both federal and state antidiscrimination laws apply, there may be conflicts, and the law more generous to the employee should be followed.
Minnesota employers may also be subject to local laws prohibiting disability discrimination.
The Minnesota Human Rights Act
The Minnesota Human Rights Act (the MHRA), (Minn. Stat. § 363A.01), specifically prohibits an employer from discriminating against an employee or job applicant on the basis of a disability except when based on a bona fide occupational qualification. Minnesota courts generally look to decisions under federal disability laws in interpreting some of the MHRA’s disability provisions. The MHRA further prohibits an employer from engaging in any reprisal against a person who:
- Opposes a practice forbidden by the MHRA;
- Has filed a charge, testified, assisted or participated in any way in an investigation, proceeding or hearing related to a charge of discrimination; or
- Associates with a person or group of persons who are disabled.
The MHRA also prohibits unfair discrimination or reprisal by labor organizations against their members and potential members, and by employment agencies against their clients.
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Here are the most recent Illinois, Minnesota-Dakotas, and Wisconsin hardware store sales trends, gathered from association members using the MHA's monthly accounting services. The figures derived for each region include sales data from the following number of stores:
Illinois - 19 stores
Minn.-Dakotas - 15 stores
Wisconsin - 70 stores
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Wisconsin and Illinois: New Paid Leave Obligations under USERRA in the Seventh Circuit
BOARDMAN CLARK LAW FIRM: PRIMARY AUTHOR: STORM LARSON
The U.S. Court of Appeals for the Seventh Circuit, which covers Wisconsin and Illinois (and Indiana) recently held that the Uniformed Services Employee and Reemployment Rights Act (USERRA) requires employers to provide paid leave to military members if comparable paid leave is provided for other non-military reasons, such as jury duty or sick leave. This ruling broke new ground on an important topic, and so employers in the 7th Circuit should revisit their leave policies to ensure they are updated and compliant. Importantly, this ruling does not mandate that all requests for military leave must be paid. Rather, the military leave must be paid if the employer offers paid leave for a comparable form of leave.
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Bankcard Processing Service
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The Midwest Hardware Association has over 300 businesses using our Bankcard Processing program. We process Visa, MasterCard, Discover, and American Express offering the fastest possible turnaround time for payment of your funds.
With so many bankcard processors constantly after your business, why do dealers choose to process their credit and debit cards through the MHA? Here are just a few reasons:
- We understand the hardware business and the type of bankcard transactions that you accept. We price our service accordingly, thereby minimizing your costs.
- We have a dedicated staff with over 40 years of experience in processing bankcards for stores just like yours. You will have a specific contact person servicing your account. With other processors, you will most likely end up with an unfamiliar, different person every time you call.
- On a daily basis, your bankcard sales dollars are deposited straight into your bank account and become available for you to use, rather than being posted to your wholesaler’s billing statement as a credit towards future purchases.
- Without ongoing PCI compliance, your processing costs and risk go up. As a participating MHA member on our bankcard service, we will assist you in validating your annual PCI compliance. Most other bankcard processors do not provide this service.
- You can trust us. As your trade association, we owe it to you, our member, to fairly evaluate our bankcard program against competitors and honestly inform you of the best fit for your store.
- Our agreement does not have any termination fees or minimum requirements for the length of time that you must remain on the program.
As a member-driven organization, the Midwest Hardware Association is in business to help you become as successful as possible. Our bankcard program sets itself apart from other processors by merging together the best service with the lowest possible cost.
Testimonial
“Bankcard has grown so much over the past years that managing it has become a very important part of my business. I trust MHA and I am comfortable. I don’t want to change to anyone else.”
Wayne Cole
Cole Hardware Hank
Grand Rapids, MN
For more information about the MHA Bankcard Processing program, please contact Mac Hardin by phone at 1-800-999-4399 or by email at [email protected].
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