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SEPTEMBER 2017 Minimum Wage Hearing on October 2nd The Minimum Wage Study Committee will meet Monday, Oct. 2nd to hear from businesses and employers about impacts of increasing the minimum wage. Six bills that would increase the minimum wage to $15 per hour over the next several years were introduced in the 2017 legislative session. These proposals are in response to the movement happening in large cities across the country. This is the first opportunity to have your voice heard about the impacts of a dramatic increase in the minimum wage. Legislators need to hear how you will change your employment practice. Will you cut hours? Will you reduce your staff? Will you look into automation? Please contact Erin ([email protected]) by Thursday, September 21st if you would like to testify. Members on the committee include: • Sen. Michael Sirotkin, Chair (Chittenden Cnty) • Rep. Helen Head, Vice-Chair (South Burlington) • Senator Brian Collamore (Rutland Cnty) • Sen. Ann Cummings (Washington Cnty) • Rep. Brian Keefe (Manchester Center) • Rep. Jean O'Sullivan (Burlington) Please note: Erin will be unable to attend this hearing but VRGA will be submitting comment. VRGA’s Vice-Chairman of Government Affairs, Marc Sherman will be attending the hearing on behalf of VRGA and Stowe Mercantile. Overtime Rule Officially Struck Down Employers can continue to abide by the traditional overtime threshold that has been in place for more than a decade. The Obama administration’s “overtime rule” would have raised the minimum salary threshold exemption to just over $47,000 per

Webinar 2: Increase Foot Traffic to Your Business with an Improved Web Presence

Less than 25% of major retailers track store traffic. Do you? As a food retailer, florist, specialty food producer, etc. what are your questions and concerns?

Send us your questions by November 6th &

LISTEN LIVE

November 8th @ 1:00 PM

Call Number and Access Code to be Provided View the presentation in your browser, at: join.freeconferencecall.com/vrga Be sure your questions are answered: Email [email protected] your questions by Monday, November 6th at noon.

year. In granting summary judgment to the Plano Chamber of Commerce and more than 55 other business groups who had challenged the “overtime rule,” U.S. District Judge Amos Mazzant said that the “significant increase” would essentially render meaningless the duties, functions, or tasks that an employee performs if their salary falls below the new minimum salary level. The “overtime rule” had been on hold by way of an injunction since late November 2016, and as a result, retailers have been waiting for clarity since that time. Through his decision, Judge Amos Mazzant has now provided grocers with much needed clarity. Equifax Says Cyberattack May Have Affected 143 Million Customers (Full article: nyti.ms/2wNn8ug) Equifax, one of the three major consumer credit reporting agencies, said on Thursday hackers gained access to company data that potentially compromised sensitive information for 143 million American consumers, including Social Security numbers and driver’s license numbers. The attack is the third major cybersecurity threat for the agency since 2015. Criminals gained access to certain files in the company’s system by exploiting a weak point in website software. The company discovered the intrusion on July 29 and has since found no evidence of unauthorized activity on its main consumer or commercial credit reporting databases.

In addition, hackers were also able to retrieve names, birth dates and addresses. Credit card numbers for 209,000 consumers were stolen, while documents with personal information used in disputes for 182,000 people were also taken. Equifax has created a website, www.equifaxsecurity2017.com, to help consumers determine whether their data was at risk. Visit the Equifax website to see if your information has been compromised. The company also suggests getting a free copy of your credit report from the three major credit bureaus: Equifax, Experian and TransUnion. These are available at annualcreditreport.com. Contact a law enforcement agency if you believe any

stolen information has already been used in some way. Equifax’s credit protection service, which is free for one year for consumers who enroll by Nov. 21, is available to everyone and not just the victims of the breach.

Who will be Vermont’s next best bagger!? VRGA is hosting the Vermont Best Bagger Competition on Saturday, October 21st at the University Mall in Center Court near Sears at 155 Dorset Street. S. Burlington, VT Arrival: 11:30 AM | Start: 12:00 PM The Best Bagger contest highlights the rewards of the supermarket employee position, and seeks to retain those employees while demonstrating the value of baggers to customer service. Cash prizes for the National Best Bagger Championship winners are awarded onsite at the National Best Bagger Championship in Las Vegas February 11 — 14, 2018. The winner of the National event will compete to win $10,000! *Please note: The store sponsoring the winning Vermont Best Bagger at the October 21st contest will be responsible for covering their travel costs to Las Vegas, NV. Costs include flight and hotel accommodations for the bagger.

EDUCATION + TIPS WATCH EPISODE 3: Sourcing Direct from Local Producers Excellent tips for organizing your business to increase direct-to-store products from area producers. About Take 5: It is a series of 12 local food sourcing and merchandising training videos for Vermont retail stores to help increase local food sales. By helping Vermont retail stores effectively source and merchandise more local food, the

Do you need a state permit for that?

Tips from: Department of Environmental Conservation Environmental Assistance Office Whether you’re moving to a new location, doing a major renovation, or adding processing capacity, a Permit Specialist can help you identify which state permits you may need for your project, and help you make informed business decisions for your project. Contact: Chittenden, Franklin, Grand Isle: Jeff McMahon, 802-477-2241 Washington, Lamoille, Orleans, Essex, Caledonia, Orange: Pete Kopsco, 802-5055367 Addison, Rutland, Bennington, Windsor, Windham: Rick Oberkirch, 802-282-6488 Take 5 retail training video series provides retailers with technical assistance that can lead to increased local food purchases and sales at Vermont retail outlets and improved profitability in the farm and food economy. The episodes are available online-on-demand at no charge on the Vermont Farm to Plate website at bit.ly/ Take5RetailTraining. FSMA - Preventive Control for Human Food Location: Vermont Department of Health, Burlington, VT Dates: October 10-12, 2017 Register at go.uvm.edu/fsma-oct-2017 Description: This 2.5-day workshop has been approved by AFDO and follows the training curriculum from the Food Safety Preventive Controls Alliance. The class focuses on food safety activities and documentation that support the creation and implementation of a Food Safety Plan to comply with the Hazard Analysis and Risk-Based Preventive Controls for Human Foods rule, which is part of the Food and Drug Administration's Food Safety Modernization Act. Participants will obtain a certificate from AFDO. Sensory Evaluation of Cheese Location: Randolph Center Campus Dates: October 14, 2017 Register at vtc.edu/trainings Description: This five-day training is a practical and comprehensive technical guide to cheese technology and the principles governing the quality of cheese. During this intensive, participants will learn the fundamentals of cheese making, quality control practices, and useful considerations in having a tasting or promotional event in your retail location.

Marketing Bootcamp & Online Business Done Right Location: Vermont Tech - Randolph Center, VT Campus Dates: November 2, 2017 Register at events.vtc.edu/Register/ MarketingBootcamp Online Business Done Right will focus on establishing a robust online presence for your small business, essential to a successful future. Meat Cutting: Butchering Basics Location: Mad River Food Hub, Waitsfield, VT Dates: January 22 - 26, 2018 Register at events.vtc.edu/Register/Meat% 20CuttingWinter This training will cover all of the basics of whole-animal butchery with both instruction and hands-on demonstration. Participants will learn how to break down beef, pork, chicken, and lamb into primals, subprimals, and caseready cuts. Value added processing, such as sausage, smoked hams, and bacon will also be covered. The training will place an emphasis on food safety, sourcing, and maintaining high utilization of whole animals. September is We Card Awareness Month, It’s a great time to train or re-train employees and raise awareness of the FDA regulations and state law compliance. CDA encourages all retailers to continue in their efforts to successfully identify and prevent age-restricted product sales to minors. We Card resources include: • We Card’s 2018 materials will be available to order on September 1st at www.wecard.org. • We Card’s online training and its mystery shopping service — ID CheckUp, help equip your store employees

with the knowledge while you can gauge their performance with mystery shops. • Get an updated state law summary or a Federal Law Summary on FDA regulated products and requirements of retailers. See the Resource Center at www.wecard.org. • We Card NOW, a smartphone mobile site with digital resources, an Age Calculator tool and a digital version of the We Card calendar along with training tips. Go to wecardnow.com Scott announces downtown tax credit recipients (Full article: bit.ly/2wOy3Tv) Gov. Phil Scott said projects in Montpelier, Rutland and other Vermont communities are receiving $2.7 million in state tax credits to help fund redevelopment projects in downtown and village centers across the state. Scott said the tax credits approved by the state have generated more than $53 million in investment in 22 separate projects. Tax credits will be distributed in Bellows Falls, Bennington, Brandon, Brattleboro, Enosburg, Guilford, Island Pond, Johnson, Ludlow, Montgomery, Montpelier, Newport, Rutland, St. Albans, St. Johnsbury, Stowe, Underhill, Waterbury, and White River Junction. For a complete description visit: http://accd.vermont.gov/sites/accdnew/files/ documents/HP/TaxCreditSummaries_FY2018.pdf The 2017 tax credits will help offset the costs of major building improvements such elevators, sprinklers and other upgrades required by local and state codes, Scott said. The upgrades will make the buildings safe and accessible for the public, he said. The tax credit program, which launched in 2000, has helped jumpstart more than 320 projects in 140 communities by distributing $24.6 million in incentives, Scott said. Tax credits were capped at $300,000 until the Legislature approved an increase to $500,000 this year, he said. The program has “injected over $400 million into our local economy … and reversed declining grand list values,” Scott said.

(Montpelier Mayor John Hollar speaks at a news conference about a downtown tax credit award for a project in Montpelier as Gov. Phil Scott looks on.) Independent contractors yet to take advantage of new LLC option for working in Vermont (Full article: bit.ly/2febVIU) A recent state Supreme Court decision lets independent contractors register as limited liability corporations and forego the requirement of unemployment insurance, but so far the ruling has had little impact on the number of contractors applying for LLC status in Vermont. According to the Secretary of State’s office, the number of new LLC formations was flat for the summer months, with 452 applications in June, and 417 and 477 applications, respectively, for July and August. The numbers were slightly lower than earlier months, and flat year-overyear. Despite the steady LLC filing activity, Bill Moore, president of the Central Vermont Chamber of Commerce, said the court ruling helps prospective employers and independent contractors alike. “By not requiring me to create that person as an employee, as long as I know the law and they know the law, we can communicate and compartmentalize our particular duties under the law, and it certainly streamlines that,” he said.

savings will likely be passed along to consumers in the form of lower priced goods and services.

(Vermont state law defines most independent contractors as employees for the sake of unemployment insurance benefits.) In Vermont, employers must make quarterly unemployment insurance tax payments for independent contractors and employees, as state law defines most independent contractors as employees for the sake of unemployment benefits. Critics say the policy creates a powerful disincentive for employers to work with independent workers. Moore said the court’s June 23 ruling allows independent contractors and employers to get back to affordable labor agreements, and that when it costs less for companies to hire contractors, those

He also suggested that the state could be doing more to make workers and employers aware of the new policy. State Rep. Jean O’Sullivan, D-Burlington, ranking member on the House Committee on Commerce and Economic Development, said the core debate over of independent contractors going forward is not unemployment insurance, but rather workers’ compensation.

“It’s the thorniest labor relations issue in every legislature,” she said. “It’s substantially more expensive — it costs about 15 to 20 percent of the salary to employee someone.” O’Sullivan said the reason for the flat LLC filings numbers may be that independent contractors are waiting to see how workers’ compensation will be handled before making the jump to LLC status. O’Sullivan also said there seems to be a shift in the workforce that might affect how things play out. For example, the technology industry contains groups of independent contractors who will come

together for years at a time for a project before breaking up and moving on. Committee member Rep. Charles Kimbell, D-Woodstock, questioned whether Vermont was at a competitive disadvantage regarding the cost of hiring contract workers. Vermont unemployment rate falls to 3.0 percent in August Vermont’s unemployment rate fell in August, but the better news was that the Labor Market expanded, if only modestly, and the number of employed also expanded, while those looking for work declined. The Vermont Department of Labor announced recently that the seasonally-adjusted statewide unemployment rate for August was 3.0% – a drop of one-tenth of one percentage point from the revised July rate (3.1%). However, a shortage of workers continues to be a problem. The national rate in August was 4.4%. Efficiency Vermont hosts forums to hear from Vermonters How can Efficiency Vermont support the state’s renewable energy goals and comprehensive energy plan? What is the future of efficiency efforts in Vermont in light of changes at the national level? How can we ensure that all Vermonters – regardless of background, location and income – are benefitting from everything that Efficiency Vermont has to offer? How can Efficiency Vermont’s programs be better integrated into existing state programs – from human services, to housing and the environment.

• Bennington: Wednesday, September 27th, 6pm to 7:30pm, Southwestern Vermont Career Development Center Assembly Room, 321 Park Street, Bennington, VT • Brattleboro: Thursday, September 28th, 6pm to 7:30pm, American Legion Hall, 32 Linden Street, Brattleboro, VT • Newport: Tuesday, October 3rd, 6pm to 7:30pm, Gateway Center, 84 Fyfe, Newport, VT • Randolph: Saturday, October 7th, 12pm to 5pm, Maker Faire Event in Depot Square, 2 South Main Street, Randolph, VT

MEMBERS IN THE NEWS The new Morrisville Food Co-op will open by the end of September and possibly earlier. The member-owned co-op will be a 3,000-square-foot space in the center of town, offering residents without cars easier access to local produce, grocery staples, olive oil, pet food, cleaning supplies and more.

City Market gets $125K Vermont ACCD grant (Full Article: bit.ly/2f0X43Y) Governor Phil Scott recently announced the Vermont Agency of Commerce and Community Development (ACCD) has awarded City Market Co-op a $125,000 Environmental Protection Agency (EPA) sub-grant to support redevelopment of a brownfields site in Burlington. City Market plans to open its second retail food cooperative in Burlington’s South End by mid-November.

MEMBER

Lindel James, Founder and Managing Director of the Center of Leadership Skills in Montpelier, began her business because of a passion for leadership. After an extensive career in health insurance, she wanted to give back to her community by helping other local business grow. The center focuses on helping executives and managers achieve their most ambitious business goals and was founded in 2008. Lindel is a Master Certified Coach & Trainer, a Certified Executive & Leadership Coach and Trainer, a Certified Sales Coach Consultant & Trainer, and an EOS Implementer. An EOS® Implementer combines a passion for helping entrepreneurs and their leadership teams with the skills and experience to help strengthen their work. At the center, Lindel facilitates several different seminars, including succession planning seminars. These engage business owners in developing internal employees with the potential to fill key business leadership positions in the company. Succession planning helps owners ensure their businesses are

sellable and have both stability and longevity. Lindel says that having patience and finding unique solutions for problems have helped her overcome obstacles. Her advice for new business owners is to talk to someone experienced before starting! Make sure your business infrastructure is in place and that you are in control of your numbers—this means you should have an effective means of bookkeeping, a projected business input and output, and a good budget, among other things. Learn more about Lindel: centerforleadershipskills.com

Be our next Member Spotlight! We are looking to feature a new member in the Sales Slip, website & on social media each month. Contact [email protected] today!

MONTHLY TIP BY:

DOL VIOLATIONS CASE STUDY Over the past few years, the Department of Labor (DOL) has ramped up its enforcement of federal laws. The Richards Group is committed to helping you learn more about these laws and to giving you the tools you need to remain compliant. Listed below is a case study of a recent judgement on Fair Labor Standards Act (FLSA) violations.

The case: An enterprise operating six limited-service restaurants with pizza delivery in Worcester, Shrewsbury, and Auburn has paid $292,016 in back wages and an equal amount in damages for 73 employees. It has also amended its payroll practices to comply with federal FLSA requirements in an agreement with the DOL. Investigators in the Department’s Wage and House Division found that Tavco Chandler Street Inc. and five associated companies— all doing business as Gold pizza— failed to comply with the FLSA’s overtime and recordkeeping requirements between July 1, 2013 and July 31, 2016. The company failed to record all the hours employees had worked and failed to pa them overtime when they worked more than 40 hours a week. The Division found the recent violations to be willful, as the company was previously investigated twice in 2011.

“This agreement recovers back wages for the workers who earned them. Golden Pizza’s prompt payment and agreement to a consent judgement ensures that its employees will receive all the wages they are due now, and in the future,” said Carlos Matos, director of the Division’s Boston District Office. “Unfortunately overtime and recordkeeping violations are no uncommon. Employers are obligated to comply with the FLSA and are encouraged to contact us with any questions they may have.” The Division has received the back wages and is in the process of distributing them to employees. AVOID VIOLATING THE SAME LAWS The FLSA requires that employees receive one and one half times their regular rates of pay when they work more than 40 hours in a workweek and that employers maintain adequate and accurate records of employees’ wages and work hours. Attorney created resources can help you learn about your compliance obligations and make sure you are following the DOL’s rules. Contact the Richard’s Group today and ask for the following resources: • Fair Labor Standards Act Reference Guide • DOL Worker Classification Test • DOL Wage and Hour Audits • HR Q&A: State and Federal Labor Laws • Federal Overtime Wage Laws • HR Q&A: Overtime

Upcoming DLC Training Classes for Second Class Licensees To register for any of the DLC seminars, visit: secure.vermont.gov/DLC/eventreg or call 802-828-2339

The VRGA Legislative Fund is used to ensure decision makers in Montpelier hear your voice consistently throughout the legislative session. The option to support our legislative efforts is included on your annual membership renewal invoice. However, you are welcome to make a donation anytime throughout the year by calling 802-8391928 or sending a check with the memo simply stating: Legislative Fund Contribution. A special thank you goes out to the members who contributed to VRGA’s legislative efforts in the past year Associated Grocers of NE - Cambridge Village Market - Cartier's Meats - Clark's Quality Foods - Coburns' General Store - Coca-Cola Bottling Co of NNE - Craftsbury General Store - Crossroads Discount Beverage & Deli - Crossroads Travel Center - Davis Family Deli Provisions Derby Village Store - Dorset Union Store - Hannaford General Office Harborside Harvest Market - Jiffy Mart - Jimmy Kwik Store - Kamuda's Supermarket - Keeler’s Bay Variety - Lipton Energy - Marty's 1st Stop Mehuron's Market - North Bennington Variety - Pearl Street Beverage Pump & Pantry - River Road Beverage - Rivers Edge Quik Stop Small City Market - Stowe Mercantile - The Morgan Country Store The Village Butcher - Village Peddler - Wayside Country Store Will's Store.

CLASSIFIEDS For SALE: Heavy wooden Antique Display Case with strip lighting and voltage reducer: •

Glass top, in 2 parts: 26" x 72", stands 34.5" off the ground



Case: glass on 3 sides (nothing at the back): stands 12" off the floor, is 22" high with a glass shelf inside, above a reflective mirror at the bottom



Solid base: 21.5" deep x 64" long.



Now Asking $350.00, or best offer.

Smaller, less heavy, painted particle board Display Case: •

Glass top (1 piece): 20" x 72", standing 36" high



Case: glass (1 piece) on front side, 2 sliding doors at the back: 24" deep x 70" long x 24" high, fitted with single-slotted standards and arms



Cupboard below the case (no glass) also has 2 sliding doors: 12" high.



Now Asking $90.00, or best offer

Contact: Christine Tattersall, Grafton VT, by email: [email protected] or phone (land line only) 802.843.2548.

NEW VRGA MEMBERS! Welcome to the following businesses that recently joined the Vermont Retail & Grocers Association

NEW VSFA MEMBER! Welcome to the following business that recently joined the Vermont Specialty Food Association

LGJ Associates, LLC* Lindel James Montpelier, VT centerforleadershipskills.com

Graham Packaging Co Paul Noble Lancaster, PA grahampackaging.com

*last month there was a spelling error

Hogback Mountain Gifts Ed Metcalfe West Marlboro, VT hogbackgifts.com

KNOW A PROSPECTIVE MEMBER OR PARTNER? Send your ideas or suggestions to [email protected] Upcoming Member & VRGA Events Wag It Forward Pet Food Warehouse October 8 Essex Junction, VT

VSFA Fall Meeting November 1 South Burlington, VT

Vermont Best Bagger Competition October 21 South Burlington, VT

Webinar: Increase foot traffic to your business November 8 online

Send us your member events to add on the website and social media!

Connect with us:

148 State Street Montpelier, Vermont 05602 and at vtrga.org RETURN SERVICE REQUESTED Since 1934

Participate LIVE Wednesday, November 8th @ 1:00 PM

FOCUS: Increase Foot Traffic to Your Business As a food retailer, florist, specialty food producer, etc. What are your questions and concerns? Send them to us by 11/6 at [email protected].

YOUR RESOURCE FOR: Legislative Issues, Networking, Business Growth and Educational Information. Have Questions? Contact us at [email protected]

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