Prepared and Distributed by The Midwest Hardware Association, Inc.
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Will Wisconsin Finally Repeal State's Oldest Main Street Tax?
By Misha Lee, MHA Wisconsin Lobbyist
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The stage has been set in ongoing state budget deliberations for Wisconsin lawmakers and the Evers Administration to support repealing one of our state’s oldest Main Street business taxes known as the Personal Property Tax (PPT). A combination of a Second District Court of Appeals decision and a recent revelation that the state will end its fiscal year with an “unprecedented” surplus in revenues from tax collections makes a very compelling case that the Legislature may vote to finally put an end to this outdated, small business tax.
For more than a decade, the Midwest Hardware Association has prioritized on behalf of its membership, advocating for the outright repeal of the PPT. In 2015, MHA teamed up with multiple other statewide organizations, now at 49 members, to form an advocacy group called the Coalition to Repeal the Personal Property Tax. The coalition is represented by nearly every business sector in the state with the sole purpose to end the PPT.
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Illinois General Assembly Reconvened to Pass a Budget Fix and Energy Legislation
By Alec Laird, MHA Illinois Lobbyist and Vice President, Government Relations for the Illinois Retail Merchants Association
This past week, the General Assembly met for the primary purpose of reaching an agreement on an energy omnibus bill-which ultimately did not happen. Rather, lawmakers were able to pass the agreed upon unemployment insurance legislation and a bill to fix drafting errors in the budget.
BUDGET FIX
As eHELPS readers are aware, the General Assembly passed a 3,000 page budget on the last day of the regular session-SB 2800 (Sen. Don Harmon, D/ Rep. Emanuel Chris Welch, D). There was a disagreement over lawmaker pay raises between the House and the Senate and late changes were made to the language. In the process of making these changes, effective dates were omitted from the final draft that was eventually passed. Without effective dates, funding for programs were unable to be appropriated. Consequently, Governor Pritzker issued an amendatory veto to the bill that included the correct and necessary effective dates. Both the House and the Senate approved the Governor’s amendatory veto along partisan lines during the special session.
ENERGY
The primary purpose of the temporary session was to reach an agreement on an energy omnibus bill-this did not happen.
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Minnesota Legislature agrees to nearly $1 billion in tax cuts
No new tax increases fulfills pledge by GOP in control of state Senate.
Minnesota’s divided Legislature has agreed to provide nearly $1 billion in tax relief over the next four years, focusing on businesses that received federal payroll loans and workers who collected unemployment checks during the COVID-19 pandemic.
The final agreement also extends tax credits for preserving historic buildings and film production in Minnesota, while pumping $20 million into local governments to help prevent student homelessness in communities across the state.
Notably, the package includes no new tax increases, a pledge made by Republicans in control of the Minnesota Senate and a far cry from the $1 billion in hikes on wealthy residents and corporations Democrats proposed earlier this year.
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Small businesses can get tax credits for employee sick, family leave through September
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The Internal Revenue Service will provide tax credits to small businesses to help cover paid sick and family leave for workers through September, according to the federal agency.
Workers can use the leave to care for themselves or sick family members, as well as get their COVID-19 vaccine and recover if they experience temporary side effects.
This tax credit will help communities across the Midwest crush this virus while ensuring small businesses can keep their doors open and workers safe.
Under the rescue plan, employers with fewer than 500 workers may receive up to $17,110 per employee to provide them with up to 10 days of paid sick leave and up to 12 weeks of paid family leave from April 1 through Sept. 30, 2021.
Certain self-employed individuals in similar circumstances are entitled to similar credits as well as schools, public hospitals and other state and local government employers.
You can find instructions on how to claim their credit at the IRS website.
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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 - 21 stores
Minn.-Dakotas - 14 stores
Wisconsin - 74 stores
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Mental Health and the Workplace
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Nearly one in five US adults lives with a mental illness, according to federal statistics. There is no typical profile of an employee struggling with a mental health issue, and issues can range from mild to severe. Anyone can experience a mental health issue at any time, and the signs are not always obvious.
Given the overall prevalence of mental health issues in the general population - and the exacerbation of many mental health concerns as a result of the COVID-19 pandemic - the work impact cannot be ignored. Even a relatively mild mental health issue can lead to absenteeism, presenteeism, declines in work performance, damaged relationships with coworkers and many other concerns.
When these effects are compounded across an entire organization, it becomes clear that it is in an employer's best interest to address employee mental health proactively. Employers can play a key role in:
- Destigmatizing conversations about mental health;
- Encouraging employees to reach out for help;
- Implementing policies that support employees' mental health needs; and
- Connecting employees to resources that offer needed help and support.
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EEO Protected Classes
In addition to the federal requirements of laws such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act and the Americans with Disabilities Act, virtually all states have equal employment opportunity laws that prohibit discrimination based on membership in specific protected classes. Additionally, many municipalities have enacted ordinances prohibiting discrimination based on protected class status. The following chart details such requirements for private employers.
Where age discrimination protections only cover individuals of a certain age, the protected ages are listed on the chart.
A “yes” under HIV/AIDS indicates that HIV/AIDS is explicitly covered by law. However, a “no” in that column does not mean an individual who is HIV positive or has AIDS has no employment protections, as HIV/AIDS could qualify as a disability under a disability discrimination law.
Not all federal laws apply to all employers, some are based on size, see below. If you do not meet the employee count criteria for federal that does not exempt you from state specific laws.
Affordable Care Act - 50 employees
Age Discrimination in Employment Act - 20 employees
Americans with Disabilities Act - 15 employees
Fair Labor Standards Act - 1 employee
Fair Credit Reporting Act - 1 employee
Family Medical Leave Act - 50 employees
National Labor Relations Act - 1 employee
Occupational Safety and Health Act - 1 employee
Title VII - 15 employees
Uniformed Services Employment and Reemployment Rights Act - 1 employee
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EEOC Updates its COVID-19 Vaccination Guidelines
Main takeaways from the EEOC's update are as follows:
- The EEOC confirms that employers can require employees to get the vaccine before physically returning to the workplace BUT must engage in the interactive process to determine if employees with disabilities or religious beliefs that prevent them from getting the vaccine can be accommodated. [See EUA note below.]
- Employer can require employees to provide proof of vaccination. Any documentation related to confirmation of vaccination is medical information about the employee and must be kept confidential.
- Employers can require certain groups of employees to get the vaccine so long as such requirements do not result in a disparate impact based on a protected class.
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Federal/State Labor Law Posters
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Some businesses order labor law posters through companies online, and pay anywhere from $30 to over $100 per poster, depending on the poster. Sometimes businesses may not receive the appropriate posters they need. MHA makes it easy for Members by automatically sending a FREE 6-in-1 Federal Labor Law poster when you renew your 2020 membership. The Federal 6-in-1 poster includes:
- Equal Employment Opportunity is THE LAW (applicable to most private employers)
- EMPLOYEE RIGHTS, Employee Polygraph Protection Act (applicable to private employers)
- Job Safety and Health, It’s the Law! (applicable to private employers)
- YOUR RIGHTS UNDER USERRA, The Uniformed Services Employment and Reemployment Rights Act (applicable to all employers)
- EMPLOYEE RIGHTS Under the Fair Labor Standards Act (applicable to all employers)
- EMPLOYEE RIGHTS AND RESPONSIBILITIES Under the Family and Medical Leave Act (applicable to all employers)
To print mandatory State posters applicable to your business, go to www.midwesthardware.com, login to “My MHA”, and click on “Labor Law Posters”. Posters can be printed on normal 8 1/2 x 11 paper.
If you have forgotten your username and/or password, contact Andrea Ramage at 800-888-1817 ext. 365 or [email protected].
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