The End is Near - For the 81st Legislative Session That is

 
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The End is Near - For the 81st Legislative Session That is
May 2021

   The End is Near —
 For the 81st Legislative
     Session That is
                               By Mary Lau, RAN CEO
         S MANY OF RAN’S                                           slightly better opportunity
           MEMBERS                                                 for input and monitoring.
            ALREADY                                                One glaring problem, it
             KNOW, THE                                             was late to address the
legislative building opened                                        unheeded initial concerns
mid-April. To be more                                              as bills had already been
accurate I should say sort                                         “heard” in the house of
of opened. The rules were                                          origin.
complicated and vaccine                                                Many bills get last
requirements existed along                                         minute amendments
with COVID 19 testing prior                                        when the sponsor can be
to entry.                                                          approached in the building
    The complexities of                                            and a problem pointed out.
the Johnson and Johnson                   Mary Lau                 That didn’t happen and
vaccine made it even more      for appointments. 		                minds were made up.
concerning, even fully             Testimony continued                           Continued on page 2
vaccinated people that         to be multi-faceted with
hadn’t passed the “timeline”   limited in-person, Zoom (by
also were tested before        arrangement) and call in.                    INSIDE
entering the building.         The session remained more
    Even then social           difficult and fully vetted bills      The Signal
distancing and occupancy       with detailed information,            and the Noise..............2
rates kept lobbyists and       by either side, were almost
public to a minimum due        impossible.                           Senate Bill 314............4
to the number of legislators       RAN has had some good
                               bills acknowledged and                Mother’s Day
and staff.
                                                                     Spending to
    During the remaining       passed; however, some
                                                                     Total 28.1 Billion.........5
part of April, following the   of the most important
Governors relaxation of        consumer protection bills             Employment Bills
restrictions announced for     died by edict – not for lack          of Concern to
May, there remained options    of votes. See Bryan Wachter’s         Businesses...................8
to speak with legislators      article on page 4.
depending on their appetite        May has provided a
The End is Near - For the 81st Legislative Session That is
Retail Association of Nevada • www.rannv.org

                       The Signal and
                         the Noise              By Andy Peterson

P
          ANDEMICS             NGOs – are working                                        good grasp of things
          AND WARS             to predict what our                                       like humidity, weather
          CHANGE               near-term economic                                        patterns, and so forth.
          EVERYTHING.          future might be. This                                     These types of things
Sometimes those                isn’t an aberration.                                      accompanied by the
changes eventually             Economists have long                                      advancement of radar
work out for the better.       been employed as seers                                    have led weather
Sometimes not. What            to the future. Sometimes                                  forecasters to be
many people, however,          their suppositions are                                    amongst the most
are likely wondering is        dead on, and at other                                     accurate predictors of
what will become of            times they wildly miss               Andy Peterson        things to come.
our economy once the           the mark.                     others prognosticators,         Yet, as the Economist
pandemic has receded               Academics have            including those who         Magazine recently
to the point that things       long studied the              model economics, at         pointed out, many
seem similar to February       “science” of prediction       predicting what might       governments recognize
2020. Currently, many          and have concluded            come next. This is due,     they need to get better
economists – employed          those who predict the         in large part, to the       at prediction for reasons
by retailers, banks,           weather to be more            advancement of science.     of national security.
governments, and               accurate than many                We now have a                 Continued on next page

The End is Near Continued from page 1
     The RAN Matrix for this   timelines. COVID19            policy issues because       City residents will, more
session will be interesting.   wreaked havoc on the          of these decisions and      than likely, be host to
We should probably             LCB staff too. As a result,   drafting interruptions.     two additional special
consider more columns          the major policy decisions    We’ve never had major       sessions. One to consider
for business unfriendly        were not even available       policy issues introduced    how to spend the
bill introductions and         for public viewing until      this late, not to mention   “Biden Bucks” and one
committee assistance           after the 1st legislative     multiple issues. How        in the fall to consider
points will be slim to none.   deadline for bills to         does this make for          reapportionment. The
     The complexity            move from the house           good public policy and      suggested October
of the 81st Legislative        of introduction to the        avoid the unintended        session cannon be held
Session resulted in a lot      second house. Legislators     consequences of hasty       earlier than that as we are
of confusion, back-logs,       will have less time to        work?                       waiting for the US Census
amendment difficulties         discuss, vet or even               What we do know        count. ■
and some moved                 understand the complex        is that Nevada’s Carson
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The Signal and the Noise Continued from previous page
    Many have formed         we may be facing             of the country had           young men had been
clubs which allow            economically. 		             better compliance and        sent to war. The most
participants to compete          Fortunately for all of   suffered less disease and    hopeful similarity
in predicting economics,     us, the National Bureau      death.                       identified in 1918 and in
pandemics, and any           of Economic Research             Of most interest,        2021 was the underlying
number of things which       has already been             however, was the             pent-up demand of
might have an impact on      studying the similarities    economic impacts to          consumers who wanted
stability. Participants in   of pandemic of 1918          business. Unfortunately,     to get back to living their
these clubs are learning     to the one in which          the authors could only       lives as they had prior to
to separate the signal (a    we have lived through,       identify similarities due    the emergence of the
real item that influences    and, in a working            to different world events    pandemic.
events), from the noise      paper, has identified        which included the first         If March’s retail
(a false positive which      some similarities and        world war.                   numbers are any
skews the prediction).       conclusions.                     That said, some parts    indications (see Retail
Governments have                 Aside from the newly     of the U.S. did better       Sales Posted Double-
learned much as a result     developed vaccine,           than others due to the       Digit Gains and
of these clubs. As a         quarantine, social           transmission of the virus,   Dunnhumby Study:
result, it is hoped they     distancing and face          while others flourished      Consumer Confidence
can better predict future    coverings were the main      due to a lessened threat     Rebounding articles in
events.                      weapons to slow or stop      from the virus and the       National Notes for more
    When thinking about      a deadly virus in both       economic demands of          information), we are
the current pandemic,        pandemics. This included     supplying the war. 		        likely in for an extended
                                                                                       period of consumer
                                                                                       spending.
                                                                                           Even if we might not
                                                                                       separate the signal from
                                                                                       the noise, its fairly easy to
                                                                                       understand retail is likely
                                                                                       to have a banner year as
                                                                                       consumers emerge from
                                                                                       pandemic self-isolation.
                                                                                           People are tired of
                                                                                       staying home, most
                                                                                       have money to spend,
                                                                                       we want to see our
                                                                                       friends and family,
                                                                                       and shopping is on
it is helpful to look back   shuttering of schools,       Further complicating         the agenda. Stock the
at a similar pandemics       businesses, and banning      the differences included     shelves, get ready, it’s
which may provide            large gatherings.            a demand for human           going to be good. ■
an idea to what might            Similarly, some areas    resources as many
                                                                                                               ◆3
The End is Near - For the 81st Legislative Session That is
Retail Association of Nevada • www.rannv.org

                            Senate Bill 314         By Bryan Wachter

N
             EVADA               enterprise.                                                    make business information
             LEGISLATORS             Counterfeit goods                                          public, and no personal
             HAD AN              cost the United States                                         information would be
             OPPORTUNITY         economy an estimated                                           disclosed.
to pass legislation which        $509 billion dollars each                                           This contact
would have protected             year, according to the FBI,                                    information is critical
Nevada consumers from            and 97% of retailers have                                      for several reasons. First,
the counterfeit, knockoff        experienced organized                                          for the small, local artist
and downright dangerous          retail crime in the past year.                                 who had their ideas and
products that are flooding           The real victims of this                                   intellectual property
online markets.                  organized crime are the                                        stolen, they would have an
      Senate Bill 314—           consumers. In addition to                                      address to send a cease-
which provided consumer          the rising cost of goods                Bryan Wachter          and-desist letter.
protections —had                 to offset these losses,          accidental overdose.               The government
bipartisan support and           counterfeit products are             l Counterfeit             departments tasked with
it should have had no            a significant concern for        cosmetics can cause           keeping unsafe products
problem receiving the            consumers.                       severe skin reactions.        off the market would be
majority votes needed to             The issue of counterfeit         Online retailers, or      able to track down the bad
pass through the senate          goods is prevalent, one in       marketplaces, which           actors. Consumers could
and move on to the               five parents have reported       opposed this legislation      have peace of mind by
Assembly.                        their child receiving a          resorted to completely        being able to check on the
      Ultimately, the bill met   counterfeit toy as a gift.       inaccurate descriptions       reputation of the vendors
its fate in Senate Majority          l Counterfeit lithium-       of the problem and            they are purchasing from
Leader Nicole Cannizzaro’s       ion laptop batteries pose        the solutions in the bill.    online.
desk drawer as she chose         significant risk of extreme      They say individual Etsy           This is a common-
to play politics instead of      heat, self-igniting, and         sellers will have to make     sense solution to a
letting a widely supported       exploding.                       their personal contact        growing problem. Las
policy come to a vote on             l Counterfeit                information public. That is   Vegas is ranked in the top
the senate floor.                prescription drugs may           completely untrue.            ten areas with the highest
      Senate Bill 314            not contain the active               This legislation would    amounts of organized
would have addressed             ingredient or could lead to      require bulk sellers to       retail crime.
the growing problem of                                                                               This problem is not
organized retail crime that                                                                     going away, and the
is taking place in Nevada                                                                       longer legislators wait
and across the country.                                                                         to take action, the more
Organized retail crime                                                                          consumers may be
is not petty shoplifting;                                                                       harmed both financially
it is two or more people                                                                        and physically by this
illegally obtaining                                                                             unregulated market.
substantial quantities of                                                                       Senator Cannizzaro, that is
products through theft                                                                          on you. ■
and fraud as part of an
unlawful commercial
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www.rannv.org • Retail Association of Nevada

      Mother’s Day Spending to
         Total $28.1 Billion
                                                         NRF

M
              OTHER’S DAY         All of these activities   to the increase in                Phil Rist said.
              SPENDING        will be reflected through     Mother’s Day spending.                “As we’ve seen with
              IS EXPECTED     their purchasing              These shoppers plan               other holiday events,
              TO TOTAL A      decisions.”                   to spend $367.08 on               a large majority (82
record $28.1 billion this         This year consumers       average or $99 more than          percent) say that as a
year, up $1.4 billion from    plan to spend an average      last year.                        result of the pandemic,
2020, according to the        of $220.48 on Mother’s            These shoppers are            celebrating Mother’s
annual survey released        Day items. This figure        also the most likely to be        Day this year is important
by the National Retail        is $16 more than they         planning gifts of higher          to them.”
Federation. Approximately     planned to spend last         dollar items like jewelry or          NRF’s 2020 Mother’s
83 percent of U.S. adults     year and the highest in       electronics. In addition to       Day consumer survey
are expected to celebrate     the survey’s history.         buying gifts for their own        occurred during
the annual holiday.               Record spending           moms, these shoppers are          the height of the
     “There is a lot of       on gifts of jewelry           more likely to be buying          government-mandated
consumer                                                                    for spouses       shutdowns. This year over
optimism                                                                    and other         one-third (34 percent)
around                                                                      recipients like   plan to purchase their
Mother’s                                                                    grandmothers      Mother’s Day gifts
Day this                                                                    or friends.       online, down from 2020
year as more                                                                   This year,     when shoppers were
people are                                                                  nearly half       dealing with mandated
getting                                                                     (49 percent)      shutdowns, but still above
vaccinated                                                                  say they are      pre-pandemic levels.
and stimulus                                                                planning              In addition to
checks                                                                      a special         ordering items online this
are being                                                                   Mother’s Day      year, consumers also plan
distributed,”                                                               outing such       to shop at department
NRF Presi-                                                                  as a brunch       stores (28 percent),
dent and CEO Matthew          and electronics are           or other activity. While          specialty stores like florists
Shay said. “For many, this    the primary drivers of        this is up slightly from last     or jewelers (26 percent)
is a chance to make up        the increase. Jewelry         year, it is still below pre-      and small businesses (23
for last year’s Mother’s      accounts for over half        pandemic levels.                  percent).
Day when we were under        (59 percent) of the               “Even though                      The 2021 survey of
lockdown.                     $1.4 billion increase         consumers have indicated          7,818 U.S. adults 18 and
     With safety guidelines   in spending while             a growing comfort with            older was conducted
at top of mind, consumers     electronics accounts for      pre-pandemic activities           April 1-9 and has a margin
are planning to be with       over one-quarter (28          such as travel or dining          of error of plus or minus 1.
family, are making travel     percent).                     out, there is still a lot of      percentage points. ■
plans and organizing a            Consumers ages 25-        uncertainty,” Prosper
special brunch or outing.     34 are also contributing      Vice President of Strategy
                                                                                                                       ◆5
The End is Near - For the 81st Legislative Session That is
Retail Association of Nevada • www.rannv.org

                                   Nevada Notes
        SPENDING VOLUMES AT EASTER SEE A REBOUND IN 2021
                     Retail Association of Nevada
               Says Spending Approached $349 Million
    Consumers in the Silver   in the recently passed          popular spending category      was cooking a holiday
State kicked off spring       American Rescue Plan            this year, with 88.0 percent   meal, with 59.0 percent
by heading to stores and      coupled with increased          of survey respondents          of celebrants, while 43.0
shopping online for the       vaccinations and falling        planning to spend a total      percent of celebrants
annual Easter celebration.    infection rates have            $101.5 million in Nevada,      planned to visit family or
    According to estimates    increased consumer              according to the NRF.          friends in person.
from the Retail Association   confidence, resulting               Candy came in a close           Many celebrants also
of Nevada (RAN), Nevadans     in a positive outlook           second in popularity (86.0     planned an Easter egg hunt
were expected to spend        for spending on events          percent), with over $48.7      (31.0 percent), followed
$347.3 million celebrating    like Easter. Total Easter       million expected to be         by other activities such
Easter this year.             spending nationwide is          spent.                         as attending church in
    The spending estimates    expected to reach $21.6             Other popular              person (28.0 percent),
are based on a recent         billion.                        categories included gifts      browsing the web (25.0
survey by the National             “The ongoing               (64.0 percent), greeting       percent), opening gifts
Retail Federation (NRF),      vaccination effort has          cards (49.0 percent) and       (19.0 percent), shopping
which found that 79.0         many more Nevadans              decorations (48.0 percent),    online (17.0 percent) and
percent of consumers          feeling comfortable getting     with consumers statewide       shopping in stores (13.0
nationwide planned to         together with family and        expected to have spent         percent).
celebrate the holiday this    friends in person once          $60.0 million, $17.0 million        With the COVID-19
year.                         again,” said Bryan Wachter,     and $23.0 million on these     pandemic still ongoing,
    According to the NRF,     Senior Vice President of        items, respectively.           many celebrants celebrated
celebrants would spend        RAN. “Easter spending               Clothing (47.0 percent),   Easter virtually, with 24.0
an average of $179.70         volumes are expected to         flowers (43.0 percent) and     percent of respondents
on holiday items, up 18.8     reach new highs after many      miscellaneous items (26.0      indicating they would visit
percent from $151.25 in       celebrants missed out on        percent) made up the other     family or friends virtually
2019.                         traditional celebrations last   major purchase categories.     and 22.0 percent noting
    New household             year.”                              The most popular           that they would attend an
stimulus checks included           Food was the most          Easter activity for 2021       online church service.

            Historical Average Easter Spending

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The End is Near - For the 81st Legislative Session That is
www.rannv.org • Retail Association of Nevada

                                     National Notes
        RETAIL SALES              last March when 75% said        driven changes in shopping           PRICES: GOING UP
 POSTED DOUBLE-DIGIT              the economy was weak.           behavior are stabilizing              Consumer prices rose
     GAINS IN MARCH                    In addition, 39% of            l Walmart continues to      0.6% in March, according
     U.S. retail sales grew       consumers reported that         dominate all stores when it     to the Labor Department
by double-digits in March.        their finances were poor,       comes to value followed by      — the sharpest increase in
According to Mastercard           as compared to November         Kroger and Amazon.              nearly nine years. Higher
SpendingPulse, which              when 54% reported their             For this study,             gasoline prices account
measures in-store and             finances were poor.             Dunnhumby surveyed              for nearly half the increase,
online retail sales across all         Americans are now at       48,449 respondents online       but prices for other
forms of payment, U.S. retail     the lowest level of worry       in 22 countries across Asia,    commodities, and services
sales excluding automotive        about the virus (23%) since     Europe, Latin America, and      were also higher.
and gasoline increased            the crisis began and have       the U.S.                              Over the last 12 months,
26.3% year-over-year in           dropped nine percentage                                  MMR    the depart-ment’s consumer
March, and online sales           points since November on                                        price index has risen 2.6%.
grew 56.8% compared to            the Dunnhumby Worry                     CONSUMER                Excluding volatile food and
2020. Interestingly, the first    Index.                             CONFIDENCE JUMPS             energy prices, inflation was
half of the month had a                All and still, consumers           TO HIGHEST              0.3% in March and 1.6% over
slow start but in the last half   are still concerned with              LEVEL IN A YEAR           the last year.
retail sales rose 46.9% year-     the cost of food, many              Consumer confidence               The March price
over-year making March a          purport they pay more           surged in March as              increase is somewhat
blockbuster.                      than they did prior to the      Americans grew more             exaggerated by the point of
                           MMR    pandemic. This may be           optimistic about the            comparison. Prices fell a year
                                  reflected in consumers’         economy and labor market.       ago, when the pandemic
       DUNNHUMBY                  focus upon value.                   The Conference Board’s      first took hold in the United
    STUDY: CONSUMER                    Among the key findings     Consumer Confidence             States, dropping 0.4% in
        CONFIDENCE                from the study:                 Index rose in March to its      March 2020 and another
       REBOUNDING                      l Value-seeking            highest reading in a year,      0.8% in April.
     Americans, for the first     consumers (70%) far outstrip    after a modest increase in            The jump in prices
time since the pandemic           quality-seeking consumers       February. The Index now         is coming at a time
began, are feeling more           (13%) in the U.S.               stands at 109.7, up from 90.4   when businesses are still
comfortable regarding                  l Consumers are            in February.                    struggling to keep pace
personal finances and are         utilizing multiple shopping         The Present Situation       with unexpectedly strong
now prioritizing value over       tactics to seek value in the    Index—based on                  demand.
speed when they shop.             face of rising prices. Many     consumers’ assessment                 Shoppers are likely
     That’s according to          shop at stores perceived to     of current business and         spending more freely as
the seventh wave of the           offer value.                    labor market conditions—        pandemic restrictions
Dunnhumby Pulse Survey, a              l Online is now a fully    climbed from 89.6 to 110.0.     ease, helped by $1,400
year-long worldwide study         adopted behavior.                   The Expectations            relief payments passed by
of the impact of COVID-19              l The number of            Index—based on                  Congress last month, as well
on customer attitudes             online shopping trips is also   consumers’ short-term           as accumulated savings
and behavior across 22            increasing.                     outlook for income,             from a year of reduced travel
countries.                             l Consumer                 business, and labor market      and entertainment.
     Specifically, 58% of U.S.    satisfaction with shopping      conditions—also improved,                             NPR News
consumers reported that           online has been ahead of, or    from 90.9 last month to
the U.S. economy to be            equal to shopping in-store.     109.6 in March.
improving, as compared to              l The pandemic-                          Chain Store Age
                                                                                                                           ◆7
Retail Association of Nevada • www.rannv.org

         Employment Bills of
        ConcernBy McDonald
                  to Businesses
                           Carano

AB 47 - Revises provisions        unenforceable. This will not        actions and alters civil and       employer from seeking
relating to employment.           apply to contracts entered          criminal penalties. Finally, the   out or relying on the wage
Status: Passed 27-15 in           because of a settlement or          bill changes existing law which    history of a prospective
Assembly                          mediation with the Nevada           sets forth a time in which         employee determine what
Pursuant to current federal       Equal Rights Commission. The        actions are to commence.           the employee will be paid.
law, the Hart-Scott-Rodino        amendment will only apply           This bill will eliminate these     Additionally, it requires
Act requires certain business     to contracts or settlement          limitations and instead provide    employers to disclose upon
transactions to be reported       agreements entered on or after      that there is no limitation on     request of a prospective
to the FTC and Department         the effective date of the bill.     the time in which such civil       employee after their interview,
of Justice to keep watch                                              action or criminal prosecution     the minimum wage rate for the
over antitrust violations and     AB 61 - Revises provisions          is required to be commenced.       position the employee applied
ensure a competitive business     relating to trade practices.                                           for. The bill authorizes the
market. These reporting           Status: EXEMPT. No vote.            AB 124 - Revises provisions        Labor Commissioner to impose
requirements only kick in when    Adds to violations contained        relating to employment.            an administrative penalty
certain thresholds are met.       in Nevada’s Deceptive Trade         Status: DEAD                       against an employer for each
An amended version of AB 47       Practices Act. Under AB 61          Under current Nevada               violation and to bring a civil
adds language to NRS 598A         it is a deceptive trade to          Law, NRS 608.017 prohibits         action against the employer.
which requires anyone who         engage in price gouging             employers from discriminating
is filing pursuant to reporting   during a state of emergency         against employees on               AB 152 - Revises provisions
requirements of the Hart-Scott    or declaration of disaster. It is   the basis of sex by paying         relating to the collection of
Rodino Act to simultaneously      also a deceptive trade practice     lower wages for equal work         certain debts.
file with the Nevada Attorney     to use an “unconscionable           performed. AB 124 proposes         Status: DEAD
General as well.                  practice” in a transaction¬.        to further prohibit employers      AB 152 revises existing law
                                  Any violations of the federal       from discriminating in the         related to debt collection
AB 60 - Makes certain             Pallone-Thune Robocall              following ways: (1) assigning      services. Section 1 of the bill
provisions of contract or         Abuse Criminal Enforcement          or directing an employee into      redefines who is considered
settlement agreement void         and Deterrence Act will be a        a less favorable position or       a “creditor debt collector.” It
and unenforceable.                deceptive trade practice under      career track based on the sex      imposes certain procedural
Status: Passed 42-0 in            Nevada law. Lastly, internet        of the employee; (2) failing to    requirements on debt
Assembly                          providers and other entities        provide certain information        collectors who are attempting
Voids certain contract            that handle personal, non-          relating to promotions or          to collect a debt by phone
provisions. If a contract or      public information are held         advancement based on               or mail, including special
settlement agreement contains     to certain requirements to          the sex of the employee; or        rules for hospital creditors.
a provision that attempts to      ensure privacy. Any violation       (3) limiting or depriving an       Assemblywoman Krasner and
restrict a witness’s ability to   of those requirements will be       employee of an employment          the NV Justice Association
testify against the contracting   considered a deceptive trade        opportunity that would             proposed an amendment
parties’ commission of criminal   practice. This bill also extends    otherwise be available if not      that would place the above
conduct or sexual harassment,     certain powers to the Attorney      for the sex of the employee.       provisions into a new chapter
the provision will be void and    General to prosecute these          The bill also prohibits an                  Continued on next page
8   ◆
www.rannv.org • Retail Association of Nevada

Employment Bills Continued from previous page
under Nevada’s Deceptive         AB 222 - Revises provisions      AB 291 - Revises provisions       SB 107 - Makes various
Trade Practices Act. The         governing employment             governing noncompetition          changes relating to the
amendment would expand           practices.                       covenants.                        statute of limitations for
prohibitions on debt             Status: Passed 26-16             Status: DEAD                      certain causes of action.
collection agencies. It would    AB 222 provides additional       This bill extends noncompete      Status: Passed 16-5 in Senate
require debt collectors to       whistleblower protections.       protections to independent        Extending the statute of
obtain verification of the       Whistleblowers who report        contractors. Therefore, if the    limitations for a wrongful
debt before attempting to        in good faith to appropriate     noncompete is not supported       termination action. Currently,
collect. The amendment also      authorities, whether internal    by valuable consideration,        there is no codified statute
imposes certain restrictions     or external to the employer,     imposes a restraint on trade      of limitations for wrongful
for consumers applying for       will be protected under the      greater than necessary,           termination actions, but
credit. Finally, it provides     law. These protections extend    imposes a hardship on             the Nevada Supreme Court
for cumulative remedies          to employees who request         the employee, or imposes          has previously interpreted
that would be available for      correction or refuse to engage   restrictions that are not         wrongful termination to be
violations under this section.   in the at issue conduct.         appropriate in relation to the    analogous to a personal injury
                                 This bill also provides that     consideration the noncompete      action and has therefore
AB 190 - Provides certain        where an employee makes          will be unenforceable against     applied a two (2) year statute
employees with the right         prima facie showing in a civil   independent contractors. The      of limitation. If enacted, SB 107
to use sick leave to assist      action that the discharge        same applies if the termination   would extend the statute of
certain family members           was made in retaliation, the     is due to a reduction in          limitation to four (4) years for
with medical needs.              burden shifts to the employer    force or reorganization—          wrongful termination actions.
Status: Passed 30-12 in          to demonstrate that the          independent contractors’          Additionally, Section 2 of SB
Assembly                         employee engaged in other        noncompete contract will only     107 provides a default four
AB 190 mandates employers        conduct that resulted in the     be enforceable the during the     (4) year statute of limitations
who provide paid or unpaid       employee’s discharge.            time the employer is paying       to all actions not specified by
sick to their employees, to      Lastly, the bill revises         the contractors salary.           law, regardless of whether the
allow employees to use           provisions relating to the                                         action is analogous to another
their sick leave to assist an    statute of limitations and       AB 303 - Removes certain          cause of action listed in NRS
immediate family member          tolling periods.                 exceptions relating to            Chapter 11. Finally, the bill
to the same extent that                                           certain requirements for          will not be retroactive, which
would apply to the employee      AB 289 - Revises provisions      paid leave.                       means the latest provisions will
taking the leave. The bill       relating to deceptive trade                                        only apply to actions filed on
allows employers to limit        practices.                       Existing law requires employers   or after the effective date of
this type of sick leave to not   Status: DEAD                     to provide a specified amount     this bill.
less than the amount that        This bill makes it a deceptive   of paid leave and exempts
the employee has accrued         trade practice for an            employees who are governed        SB 199 - Prohibits certain
during a 6-month period.         interactive computer service     by collective bargaining          types of racial discrimination
The bill directs the Labor       that represents itself as        agreements, other contracts,      in employment and
Commissioner to prepare          content-neutral or viewpoint-    policies or agreements, This      education.
a bulletin explaining these      neutral from restricting         bill maintains the exception      Status: DEAD
requirements, and the            or removing the content          for collective bargaining         SB 199 amends existing law to
bulletin must be posted          or expression of a user or       agreements, but removes the       provide additional protections
by employers who provide         restricting or removing the      exemption for other contracts,    against discrimination relating
sick leave. The Labor            user from the interactive        policies or agreements thereby,   to race. The bill redefines race
Commissioner will have the       computer service. It provides    requiring employers to comply     to include “ancestry, color,
authority to enforce the         an exemption if the act was      with paid leave provisions for    ethnic group dentification,
provisions of this bill.         performed in good faith.         these types of employees.                    Continued on page 11
                                                                                                                                ◆9
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.
                                                 4K Artistic Metals LLC
                                                Christopher Homes LLC
                                           Desert Squad Pest & Wildlife Inc.
                                              Green Thumb Lawn Service
                                                 Maximed Healthcare
                                        Natalie Malik Inc dba Talle Jane Interiors
                                             NV Occupational Health Care

                                   Fun Facts about May
                              It is the third and last month of the season of spring.
                       The birthstone of May, the emerald, symbolizes success and love.
          May in the Northern Hemisphere is similar to November in the Southern Hemisphere.
                          May was once considered a bad luck month to get married.
          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.

                                                            “Workers’ comp that works for you”
            Retail Association of Nevada

       MEMBERSHIP INFORMATION: Find out more about RAN’s self insured group. Call Pro Group, 800-859-3177,
10   ◆ the RAN office at 775-882-1700 (toll free in Nevada 800-690-5959). Don’t forget to check out our website, www.
     or
www.rannv.org • Retail Association of Nevada

Employment Bills Continued from page 9
ethnic background and               additional reasons employees         certain employers from            SB 399 – Establishes
traits historically associated      may take paid leave. Under           seeking wage or salary            provisions relating to
with race, including, without       this bill, private employers         history from an applicant         employment.
limitation, hair   texture          must allow employees to              for employment, relying on        Status: DEAD
and protective hairstyles.”         use their paid leave for             wage or salary history to         Requires corporations with
Protective hairstyles include       the treatment of a mental            determine the rate of pay         over 500 or more employees
without limitation “braids,         or physical illness, injury,         for an applicant, refusing to     to submit a report to the
locks and twists.” These new        treatment of a mental or             interview, hire or promote        Secretary of State that
definitions will be applied to      physical illness, injury or health   an applicant based on             indicates the number of
employers who are already           condition, receiving medical         their refusal to provide          people who serve on its board
prohibited from discriminating      diagnosis or care, receiving         salary history. However, if       of directors and the number
in their employment practices       preventative care, receiving         the disclosure is voluntary       of those board members who
on the basis of race, and           a vaccination–including a            the employer can use that         are female. The bill mandates
school busses that are              vaccination for Covid-19,            information to determine the      that this information be made
prohibited from advertising         participating in caregiving,         applicants pay rate. Violations   available on the Office of the
attacks on group based on           or addressing other personal         will result in administrative     Secretary of State website. It
characteristics associated          needs related to the health of       penalties, and Complaints         requires qualified employers
with race. Existing law which       that employee.                       will be filed with the Nevada     to complete an annual
prohibits cyber bullying will                                            Equal Rights Commissioner.        report containing the same
incorporate the new definition      SB 245 - Makes changes                                                 information and submit that
of race to provide for safe         regarding employment.                SB 386 – Revises provisions       report to the Governor and
learning environments for           Status: Passed 21-0 in Senate        relating to certain               Director of the Legislative
children. Charter schools and       Existing law gives employees         businesses.                       Counsel Bureau.
certain universities which are      certain remedies when an             Status: EXEMPT                         This bill also requires
prohibited from engaging            employer fails to pay wages          Employers of certain              the Employment Security
in discriminatory practices         within a set amount of               employees who do not              Division of the Department
related to race will adopt this     time after the employees’            have collective bargaining        of Employment, Training
new definition. Finally, the bill   termination or resignation.          agreements and who were           and Rehabilitation to submit
prohibits a dress code policy       This bill revises the definition     discharged, laid off or           annually to the Nevada
that requires students to wear      of “wages” to include amounts        furloughed under certain          Equal Rights Commission
uniforms that discriminate on       due to certain former                conditions may be required        each employer who had
the basis of race as redefined      employees that employers             to offer job positions to         one or more employees
by the bill.                        failed to pay on time prior.         those employees. This will        receive unemployment
                                    It allows the employee to            allow employees in specific       benefits during the previous
SB 209 – Revises provisions         file a claim with the Labor          circumstances to have the         calendar year along with
relating to employment.             Commission and requires the          opportunity to return to          other information related to
Status: Passed 19-2 in Senate       Labor Commissioner to take           their jobs. The bill lays out     those benefits. The bill then
SB 209 specifies circumstances      certain actions regarding lost       procedural requirements           requires the Commission to
under which employees may           wages.                               for employers of employees        review the information to see
take paid leave. Currently, the                                          who meet the circumstances        if employers are engaging
law allows employees to take        SB 293 – Revises provisions          outlined under the bill.          in unlawful employment
paid leave without providing a      relating to employment.              The majority of employees         practices with regard to wages
reason to their employer. This      Status: Passed 17-4 in Senate        who fall into this category       or termination of employees.
bill does not change existing       Adds to Nevada’s unlawful            are within the hospitality
law, but instead provides           trade practices by prohibiting       industry.
                                                                                                                                   ◆ 11
PRESORTED
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         Retail Association of Nevada

   NEVADA NEWS
   Nevada News is published by the Retail Association of
       Nevada, a nonpartisan, nonprofit corporation
   founded in 1969 representing the Retail Community,
 the Chain Drug Council and the Grocery Industry Council.

                    Mary F. Lau
                   President/CEO

                Bryan Wachter
           Senior Vice President of
        Public and Government Affairs

           Elizabeth MacMenamin
    Vice President of Government Affairs

               Andy Peterson
    Vice President of Government Affairs

                 Piper Brown
                   Director,
          Finance and Administration

                   Andy Peterson
                      Editor

        Sue Arzillo, Alphabet Soup Inc.
         Newsletter Design & Layout

           Retail Import Surge
        Expected Through Summer

T
           HE                                        Federation and Hackett       saved by staying home       cargo rebounded and
           UNPRECE-                                  Associates.                  for the better part of a    hit a then-record 2.1
           DENTED                                     	 “We’ve never seen         year, consumers have        million TEU in August as
           SURGE                                     imports at this high         money in their pockets      the economy reopened,
of imports at retail                                 a level for such an          and they’re spending it     eventually peaking
container ports that                                 extended period of           with retailers as fast as   at 2.21 million TEU in
began last summer is                                 time,” NRF Vice President    retailers can stock their   October. Under the
expected to continue                                 for Supply Chain and         shelves.”                   current forecast, volume
at least through the                                 Customs Policy Jonathan          Imports hit their       is expected to remain at
end of this summer as                                Gold said. “Records have     lowest point in four        or above the 2 million
retailers work to meet                               been broken multiple         years last March – 1.37     TEU mark for 11 out of 13
increased consumer                                   times and near-record        million Twenty-Foot         months by this August.
demand, according to                                 numbers are happening        Equivalent Units – as the       Before 2020, monthly
the monthly Global Port                              almost every month.          economic effects of the     imports had reached 2
Tracker report released                              Between federal stimulus     coronavirus pandemic        million TEU only once, in
by the National Retail                               checks and money             began to take hold. But     October 2018. ■
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