AUG/SEP 2020 The official publication of the Michigan Retailers Association
www.retailers.com
Gearing up
Shoppers head outdoors Your pandemic compliance guide 2020 scholarship winners named Calming down angry customers Backcountry North’s Alan Schug poses with high-end kayaks. But the Traverse City store’s ceiling typically has several lower-priced options hanging from the ceiling. They’ve all sold.
Volume 45 No. 4
Board of Directors BECKY BEAUCHINE KULKA
Chair Becky Beauchine Kulka Diamonds and Fine Jewelry, Okemos
WILLIAM J. HALLAN
Michigan Retailers Services, Inc. Board of Directors WILLIAM J. HALLAN
President and CEO
CHAD AYERS
President and CEO Michigan Retailers Association
Allendale True Value, Allendale
BO BRINES
Leppink’s Food Centers, Belding
Vice Chair Little Forks Outfitters, Midland
PETER R. SOBELTON
Treasurer Mondial Properties, Birmingham
ORIN MAZZONI, JR.
JOHN LEPPINK
JOE SWANSON
Target, Retired
MEREDITH GREMEL
SpartanNash, Grand Rapids
Past Chair Orin Jewelers, Garden City
Michigan Retailer
BILL GOLDEN
Publisher
KEN HAYWARD
Editor
DAN MARSHALL
Design Manager
JOSEPH MCCURRY
Publication Office
Golden Shoes, Traverse City Grand Hotel, Mackinac Island Marshall Music Company, Lansing Credit Card Group
BRYAN NEIMAN
Neiman’s Family Market, St. Clair
BARB STEIN
Great Northern Trading Co., Rockford
THOMAS UNGRODT
TDU Consulting, LLC, Ann Arbor
JAMES WALSH
Meijer, Inc., Grand Rapids
D. LARRY SHERMAN
Board Member Emeritus
Advertise With every issue, we reach retail owners, managers and executives who make spending decisions for 15,000 stores and websites across the state. To request a media kit, email Rachel Schrauben at rschrauben@retailers.com.
MICHIGAN RETAILER AUG / SEP 2020
WILLIAM J. HALLAN
MEEGAN HOLLAND PATRICK KERWIN
603 South Washington Avenue Lansing, MI 48933 517.372.5656 or 800.366.3699 Fax: 517.372.1303
About Us Michigan Retailer (USPS 345-780, ISSN 0889-0439) is published in February, April, June, August, October and December by Michigan Retailers Association, 603 South Washington Ave., Lansing, MI 48933. Periodical postage paid at Lansing, Michigan. POSTMASTER: Send address changes to 603 South Washington Ave., Lansing, MI 48933. The Michigan Retailer may be recycled with white office paper.
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3 ON THE COVER
A RETAIL BRIGHT SPOT page 4 The outdoor industry is booming during the pandemic, but stores say there’s no making up for two months of being shut down. (Photo credit: Steve Jessmore)
Contents FEATURES
DEPARTMENTS
3 CALMING ANGRY CUSTOMERS Highlights from our series of de-escalation webinars.
2 FROM THE CEO
9 CLEANING TIPS How to sanitize your payment processing terminal. 10 COLLEGE-BOUND The MRA Foundation names its 24 scholarship winners.
8 LEGALLY SPEAKING Options to stay afloat, including a new form of bankruptcy. 12 RIC Warn employees of hand sanitizer flammability. 21 NEW MEMBERS
13 PANDEMIC GUIDE All you need to know to comply with COVID-19 regulations.
Retailers.com RetailersInsurance.com BuyNearbyMI.com Visit us online to see what’s new in the industry and what services we provide members to strengthen your business.
MICHIGAN RETAILER AUG / SEP 2020
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FROM THE CEO Retail has proven it’s safe during COVID First things first, this is not a “mission accomplished” column. I’ve seen far too many videos of track athletes celebrating before the finish line only to be caught from behind. COVID-19 remains a part of our world and is likely here to stay until we’ve developed a vaccine, achieved herd immunity or identified effective treatment. Cases are still increasing, and we still need to be smart by wearing masks and taking the virus seriously. But there are silver linings. Before we get to those silver linings, a quick word on masks. I’ve already written about masks and the media has extensively covered the position of the Association so there is no need to beat the horse. We remain steadfast in our position to strongly encourage all customers to wear masks and yet we are still concerned about the safety of retail employees, who now must enforce the Governor’s mask order by confronting shoppers. Retailers have been put into a position of enforcement, which we do not feel is appropriate for the industry. While we are not out of the woods yet, the industry has proven that it can operate safely and remain open even in the midst of a pandemic. Grocery, hardware and other essential retailers never closed and quickly developed new protocols, safety measures and social distancing guidelines to keep their customers safe. Main street retail has now been open for about two months and has achieved the same success. To date, no major COVID-19 outbreaks have been linked to retail. The job you have all done is commendable. To that point, it’s important we protect retailers and businesses who are following safeguards for employees and customers from pandemic-related frivolous lawsuits. MRA is calling on the Michigan Legislature and Congress to pass legislation ensuring businesses won’t need to worry about legal threats unless they make an egregious or intentional mistake. Further, customers have shown that they want to shop and support their local retailers. Our merchant processing volume was higher in June 2020 than in June 2019. While shopping can be a social activity, both customers and retailers have shown that it can still occur through safe social distancing measures and that any future shutdown would be a completely unnecessary response. We continue to share your successes with the 2
MICHIGAN RETAILER AUG / SEP 2020
administration on a regular basis. Although the mission to stop the COVID-19 pandemic is not yet accomplished, retailers have accomplished the task of operating safe businesses. But let’s not give the administration any reason to again close our great industry. We still need to wear masks. Let’s just do it so we can get over this pandemic as fast as possible. If you have any questions at all about how to comply with state and federal regulations, you’ll find a handy guide starting on Page 13 of this magazine that lays it all out for you. We also wanted to give you a heads up that you likely won’t be seeing our Buy Nearby Guy mascot at events, parades and celebrations this year. In 2019, he traveled over 13,000 miles and visited 87 communities in Michigan encouraging Michiganders to shop local. Such an endeavor requires a team of employees and interns who all take turns wearing the costume. However, with COVID-19, sharing a mascot costume isn’t smart. The Detroit Parade Company professionally cleans the costume at the end of each year but not between each mascot appearance. As a result, our Buy Nearby campaign will pivot and incorporate new ways to celebrate. For example, many Buy Nearby supporters will soon get our Buy Nearby-branded 16-oz hand sanitizer to sit by your checkouts for customers to use. The challenges of the pandemic have been an opportunity for us to connect with our members in new ways, and we look forward to serving you everyday.
WILLIAM J. HALLAN MRA President and Chief Executive Officer
Worth repeating Tips to defuse tense confrontations with customers
photo?
Most retailers by now have experienced instances of a customer showing disrespect for face mask rules or some other guideline the store has set to comply with Governor Whitmer’s orders or protect their staff members. Michigan Retailers Association has held six webinars on dealing with difficult customers and two on active violence in the workplace, in case de-escalation techniques don’t work. We hope you were able to attend some of those webinars. If not, then these tips bear repeating. Paul Beasinger of Keene Training and Consulting, provided the MRA trainings. As an active law enforcement officer, he trains other officers and often bar staff that must deal with drunken customers.
We’ve got plans to cover all of yours. Blue Cross Blue Shield of Michigan and Blue Care Network offers the complete insurance solution to protect the overall health and well-being of your employees.
Greet customers with a calm voice and give them a layout of any guidelines they need to be aware of. “Calm begets calmness,” Beasinger says.
Arm employees with phrases
It’s best to ease tensions with customers well before words become heated. Listen to them intently. Don’t be distracted or let your eyes wander. Don’t challenge with questions like “What’s your problem?” but instead come from a place of empathy. Repeat words back to the customer that they used, so they know you’ve heard them.
For more information, contact the Michigan Retailers Association at 517-372-5656 GROUP HEALTH PLANS | SPECIALTY BENEFITS | BCBSM.COM/EMPLOYERS
MICHIGAN
Set a calm and professional tone at the entry
Summarize the problem
Make sure you have an accurate picture of what the customer’s complaint is. That reinforces for the customer that they’ve been heard, and sometimes that’s all they really need. If appropriate, talk about the process you must follow in order to resolve the situation.
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After months at home shoppers’ interest surges in
outdoor recreation gear By SHANDRA MARTINEZ Photos STEVE JESSMORE
The pandemic has fueled people’s desire to get outside, whether kayaking, biking, hiking or just taking walks. That trend is proving a saving grace for some retailers who sell outdoor products.
pair of running shoes and trying to get outdoors because everything else is closed. They really want to get out and do it safely and do it in a low-density, low-crowds opportunity,” Garmon said.
Hunting and fishing license numbers are up overall, and sales have soared among first-time buyers, according to the state Department of Natural Resources. County and state parks are reporting increased attendance. Outdoor activity is a strong pull for people reluctant to gather in crowded spaces.
CLOSER TO HOME Consumer behavior has changed since mid-March, when the World Health Organization declared the novel coronavirus a pandemic. People still want to vacation, but they are forgoing flying in favor of road trips.
This renewed interest in the outdoors is a really big onboarding opportunity for the industry that caters to these activities, says Brad Garmon.
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A survey published by Travel Michigan and MLive Media Group showed 80% of Michigan residents polled were ready to take a vacation, and they were planning to find fun things to do outdoors to avoid crowded spaces. Of the nearly 4,300 people polled, more than 75% said they planned to do their vacationing in-state this year.
Garmon is director of the newly-created Michigan Office of Outdoor Recreation Industry. Michigan is one of 16 states with these offices, intended to turn people’s love for wilderness and adventure into an economic engine. His job is to promote the recreational industry and boost demand for products, leading to increased jobs.
“Getting outdoors is a stress reliever,” said Garmon. “People are looking for stuff for outdoor recreation as opposed to a vacation or a trip. These are the products that are integrated into a healthy lifestyle that people are trying to adopt.”
“People are buying their first bicycle in 20 years or their first
At the start of this year, growth in the $887 billion outdoor
MICHIGAN RETAILER AUG / SEP 2020
Above: Travis and Samantha Smith, of Wyoming, Mich., on the Torch River in Antrim County. Right: Backcountry North in Traverse City. Below: Mark Childs of South Lyon Cycle says his bike sales are booming.
industry was outpacing the nation’s overall GDP growth, proving a major creator of jobs and tax revenue, and driving significant consumer spending. As in other sectors, nearly everything came to a halt in mid-March. The timing hurt. The industry’s prime selling season has shrunk by more than a third, and the precipitous drop in travel-based tourism deeply impacted many destination-dependent aspects of the outdoor recreation industry. But those lost months are being buffered to a degree by a recent sales surge in some categories, like bikes, kayaks and paddleboards. SUPPLY RUNS LOW South Lyon Cycles’ supply of bikes pretty much sold out in May. In past years,
the store kept several hundred bikes in stock on the showroom floor and in the warehouse for backup. This year, manufacturers’ several months of stockpile sold out in a few weeks. “They bought anything that remotely came close to what they were looking for,” Mark Childs said of his customers. Bike sales across the U.S. were up by triple digits this spring over 2019. Usually, bicycle stocks are replenished by suppliers when they are sold. This year, not only are bikes nearly impossible to find, so are racks, tires, tubes and other accessories. When Childs’ shop emptied of bikes, repairs took over. With only a handful of bikes left on the showroom floor, two-thirds of the space is closed and being used to do repairs. Normally, repairs can be done in a day or two, but now, the turnaround is closer to two to three weeks. People who haven’t ridden their bikes in years are bringcontinued on page 6
MICHIGAN RETAILER AUG / SEP 2020
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outdoor recreation gear continued from page 5
ing them in for repairs. To keep up with demand, the staff is working longer hours. But Childs won’t take shortcuts on the repairs because he wants to maintain the store’s reputation for quality that has drawn customers from across Southeast Michigan. BACK-ORDERED BIKES The 26-year-old store is a dealer for Trek, Giant and Electra bikes. Manufacturers are filling existing orders, and the shop has hundreds of bikes on back order. Instead of coming in truckloads, bikes arrive a few at a time with delivery through UPS versus a cheaper truck freight company. Factories aren’t expected to catch up with demand until next spring. The good news is that the retailer is doing well financially. “We’re on track to have a really good year,” Childs said.
“We ran out of paddles before we ran out of kayaks,” said Tracy Mayer, owner of Backcountry North in Traverse City. “We do have one brand that was really terrific. They basically said, ‘OK, we’re not fulfilling any big orders, but when you sell a kayak and your customer needs a paddle, we will make it just for them and ship it to them.’” The one downside of these paddles-on-demand is the store made much less money because shipping individual paddles is quite expensive. But at least it was able to sell a kayak and provide that customer a paddle. After selling out of kayaks and paddleboards, Mayer decided to turn the demo products into a high-end rental fleet. Equipment is being rented out for a three-day minimum, and the store offers pickup and delivery.
The industry has seen a boom in sales of entry-level bicycles, kids’ bikes and BMX bikes. Plus, from the parts and accessories standpoint, there’s been a spike in sales for products that indicate people have dusted off bikes that had been hanging around in garages for years, and wanted them tuned up and ready to ride, according to Jeff Buerman, a regional sales rep for Quality Bicycle Products, one of the largest distributors of bicycle products in the world.
“We’ve always wanted to do it, now we finally had the bandwidth this year to try it,” Mayer said of the renting operation.
“It’s also clear that families are riding. One of the first categories to show explosive growth has been the trailers that attach to bikes for towing young kids. There has been yearover-year sales growth in most of the product categories, including many of the mid- and high-end products,” Buerman said.
CLOSED, CURBSIDE, REOPENED She bought the downtown Traverse City retailer, which opened in 1978, 20 years ago. A decade ago, she built a 10,000-square-foot second store nearby on U.S. 31. The retailer also added a double-door garage, where Thule and Yakima rack systems are installed for free with purchase.
Left: Fly-fishing rods at Little Forks Outfitters in Midland. Right: Behind a suspended plastic barrier, sales associate Adam L’ Esparance helps customer Taylor Nash, of Traverse City, check out at Backcountry North in Traverse City. Open doors, signage and hand sanitizer also await customers as they enter the store. Opposite: Boaters and jet skiers at the Torch Lake sandbar.
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WATER RECREATION Products that get people out on the water are also on the hard-to-find list.
MICHIGAN RETAILER AUG / SEP 2020
She redeployed employees from her empty boat warehouse to staff the enterprise. Demand is so high, she hasn’t needed to advertise.
Left: Backcountry North owner Tracy Mayer says despite record sales for paddleboards and kayaks, that won’t make up for lost sales during the pandemic shutdown. Right: Nick Dombrowski of Hastings, makes his way downstream on the Torch River in Antrim County.
Demand has grown from twice a week last year to several times a day. Earlier in the season, before stores were allowed to reopen, the store offered curbside shopping. “We did a drive-thru garage, where you could shop and buy kayaks without even getting out of your car. It was kind of open-air shopping,” Mayer said. The innovation didn’t last long because the store sold out of a year’s worth of kayaks in six weeks. One shipment of 14, priced in the $1,000-$1,400 range, was gone in 48 hours. Despite record sales for paddleboards and kayaks, this won’t be a good year financially for the retailer. “We were closed for two months. You can’t make up those kinds of numbers,” Mayer said. She added that technical apparel is selling better than casual apparel. Customers can try on clothing, but there is a 48-hour period where items are not put back on the racks.
CHANGE IN BEHAVIOR Karen Strough, a regional sales rep for Merrell Footwear and other outdoor brands, is hearing from her retail clients that shopping behavior has changed during COVID-19. “People are coming in with a purpose. They’re not coming in to browse, they’re looking with a specific need to fill or for a specific piece of apparel or footwear or whatever,” she said. With gyms closed, more people are taking their exercise routines outdoors. Sales for athletic and light hiking shoes are up. Retailers are getting creative, dividing up floor space so there’s room for people to move within the store. Footwear retailers have set up fitting stations — separated by chairs, tape on the floor or plexiglass. Brands such as Merrell and Patagonia are also encouraging online customers to head to independent retailers for their purchases through sites like locally.com or by linking store locators to their e-commerce sites. “They are recognizing the need to support our independent retailers because we want them all to be successful given the challenges they have faced,” Strough said.
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LEGALLY SPEAKING
THOMAS P. CLEMENT MRA General Counsel Contact Thomas at tclement@retailers.com
“A new form of bankruptcy was passed before COVID hit and became effective just as COVID was ramping up.”
Overcoming financial obstacles during COVID-19 The COVID pandemic has wreaked havoc over all aspects of everyday life over the past several months. In all likelihood, we will not put COVID safely behind us for quite some time. At its worst, COVID is claiming lives or dramatically impacting the health of those in our communities and throughout the country and the world. Beyond this most severe impact, COVID is also having a substantial impact on business viability. Retail was completely shut down overnight with little to no warning and while the re-opening has led to improvement, businesses are struggling. Fortunately, even in the face of an extraordinarily difficult time, help with navigating the financial storm is and will continue to be available. The key is to find the resources and maximize their benefit to fit your circumstance! The most significant financial support through the COVID-19 pandemic has been the Paycheck Protection Program (PPP), established through the federal CARES Act, which MRA has publicized extensively. This program provides forgivable loans to businesses to cover various expenses such as payroll, rent, and utilities. On July 4, the President signed legislation extending the borrowing period into early August. Additionally, the Department of Treasury amended their rules to extend the loan forgiveness period from eight weeks to twenty-four. This change allows much more flexibility in the use of paycheck protections funds. If you have a PPP loan, you should reach out to your lending institution to determine how you can best utilize the forgiveness period. Beyond the PPP, however, resources abound at the state and local level. The Michigan Economic Development Corporation has a number of grant opportunities available for small businesses. Those opportunities can be found on their website at michiganbusiness.org. This includes, among other things, the Michigan Small Business Restart Program in which the state has allocated $100 million dollars to support small business. Local communities are getting involved as well. As just a few examples, Macomb County has established a small business sustainability program, Oakland County has established a Saving Business, Saving Lives Grant, Wayne County has established a Back to Work – Small Business Readiness Grant, The Lansing region has established a Small Business Restart Grant Program and The Traverse City DDA launched a Buy Local Give Local Fund to support small businesses. These and many similar programs
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have been or are being established throughout the state. Timing is critical to taking advantage of these opportunities, however. This is especially true for smaller programs where the funds are likely to be exhausted quickly. In doing your own research, beyond the obvious Google search, I would recommend going directly to local government websites to see what is available. The initial questions you need to ask are 1) What is available; 2) What are the eligibility requirements; 3) What is involved in the application process; and 4) What is the application deadline? Despite these and other resources your own research may uncover, for some retailers it will not be enough. These businesses will be faced with the unfortunate possibility of closing down permanently or looking at reorganizing through bankruptcy proceedings. As fate would have it, a new form of bankruptcy was passed before COVID hit and became effective just as COVID was ramping up. Effective February 19, 2020, the Small Business Reorganization Act of 2019 (SBRA) is a very real option for struggling businesses because its entire purpose is to simplify and shorten the period of reorganization while reducing the costs associated with the process and preserving ownership interests for small business owners. To be eligible for an SBRA reorganization, a business must be engaged in commercial activity with secured and unsecured debts of less than $7.5 million. Through the SBRA process, a trustee is appointed but he or she does not take possession of or sell assets. Instead, the trustee serves as an advisor of sorts. The SBRA allows only the debtor to file a plan of reorganization, supported by sufficient documentation to demonstrate that the payments outlined in the plan are reasonable and can be made. While creditors may oppose a reorganization plan, the bankruptcy judge can nevertheless approve it. No one likes the idea of filing bankruptcy, but if the SBRA seems like a solution for your business, I would strongly encourage you to contact a bankruptcy professional to learn the finer details of the SBRA and how it applies to your business. The COVID pandemic has been a stressful time for business owners. The health of your business, welfare of your employees, and your individual financial state are all at the front of mind. We at MRA have seen first-hand the resiliency of our members as we work to make you aware of every available resource. We look forward to continuing to serve you as we come through this difficult time.
Proper cleaning for your cc terminal With the pandemic, cleaning protocols are a must. Your credit card device serves as a frequent contact point between your customers and your employees. Here are tips on how to sanitize your payment processing devices for the safety of all. • First, turn off your device and unplug it from the power source. • Devices should be gently cleaned to remove dirt, residue or debris using a lightly water-dampened, clean microfiber cloth.
DO NOT
DO NOT
directly spray the terminal
put hand sanitizer on the terminal
DO NOT
DO NOT
• One or two drops of pH-neutral, nonscrubbing soap may be used. Do not use solvents, harsh detergents or abrasive cleaners. • After cleaning, the devices may be sanitized using an alcohol-based wipe or appropriate alcohol-based cleaner (approx. 70-90% strength isopropyl alcohol) applied to a microfiber cloth. • Apply gently; do not scrub. Isopropyl alcohol applied to a clean microfiber cloth may be used on touch panel displays but never press hard on displays. To protect your machine, here are some things that you should NEVER do: • Never spray, coat or pour any liquid, sanitizer, or disinfectant directly onto the device.
pour liquid on the terminal
scrub the terminal
towel, or similar actions, which can cause electrostatic discharge and trigger a tamper alert.
• Never use bleach, hydrogen peroxide, thinner, trichloroethylene, or ketone-based solvents – they can deteriorate plastic and rubber. • Refrain from vigorously rubbing with a dry
De-escalation tips continued from page 3
Provide options, not ultimatums Everyone wants choices. In the case of an unmasked customer, you can offer face masks for free or a low price. If they still are belligerent, say, “I’d be happy to provide you with curbside service.” Think of ways you can still serve unmasked customers, and consider being proactive in your signage with those messages.
Watch for signs of aggression
There can be tipoffs to potentially dangerous behavior. When someone breaches social distancing protocols, raises their voice, uses foul language or continuously repeats a phrase, the situation could be deteriorating. Sometimes the best strategy is to allow the customer to enter and immediately call the police.
Training is key in tense times
You don’t want your manager always dealing with these situations. You want your frontline staff to de-escalate tense interactions before they get out of hand. So train all your staff in these techniques. And make sure they all know your policies. Consistency is key. MICHIGAN RETAILER AUG / SEP 2020
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students receive Retailers scholarships
Michigan Retailers Foundation’s annual scholarship competition awarded 24 scholarships totaling $36,000 for the 2020-21 academic year. Each student receives $1,500 to attend a 4-year college or university. For the first time, two scholarships are in memory of Al Kessel, the long-time Michigan grocer and founder of Kessel Food Markets in Saginaw and Flint. New 2020-21 awards include: • The Judy and Rodney Phillips Legacy
Scholarship, by Rod Phillips, owner of Country Casuals in Petoskey; • The Brines Family Legacy Scholarship, by Bo Brines, current MRA Board Vice Chair and president owner of Midland’s Little Forks Outfitters; and • A second Kenneth A. and Margaret Schwark Legacy Scholarship. Program totals reached $577,750, with 575 recipients since 1999. Recipients were chosen by a third-party administrator, International Scholarship and Tuition Services.
Alysia Anderson Petoskey Jean L. Sarasin Legacy Scholarship • North Central Michigan College, Petoskey • Taylor University • Physical Therapy • Freshman
Lauren Aymen Port Austin Helen McCurry Legacy Scholarship • Thumb Broadcasting, Bad Axe • Central Michigan University • Pre-Med/ Neuroscience • Junior
Sandyn Cuthrell Cass City Nathan Rosenfeld Legacy Scholarship • List Psychological, Caro • Central Michigan University • Actuarial Sciences • Freshman
Lourena De Abreu Ann Arbor Walsh Family Legacy Scholarship • The M-Den, Ann Arbor • Loyola University • Forensic Science • Freshman
Nicole Drummond Holland Raymond A. and Mildred C. Sobelton Platinum Legacy Scholarship • Drummond Marine, Holland • Saint Mary’s College • Economics • Sophomore
Jacob Flickinger Grand Rapids Al Kessel Memorial Scholarship • Meijer, Grand Rapids • Grand Valley State University • Criminal Justice & Law Enforcement • Freshman
Michael Flickinger Grand Rapids Paul M. Felice Memorial Scholarship • Meijer, Grand Rapids • Grand Valley State University • Mechanical Engineering • Senior
Mason Gabriel Muskegon Paul M. Felice Memorial Scholarship • Orchard Markets, Spring Lake • Grand Valley State University • Science Education • Junior
Christopher Garbe Kawkawlin Al Kessel Memorial Scholarship • Meijer, Bay City • Grand Valley State University • Biology • Junior
Gillian Gardner Empire Linda Mayleben Legacy Scholarship • Glen Lake Marina, Empire • Grand Valley State University • Education • Freshman
Marin Hoffman Harbor Springs Thomas Ungrodt Legacy Scholarship • Bayside Family and Sports Medicine, Petoskey • Northern Michigan University • Law or Pre-Law • Junior
Erica Hofman Grandville Barb Stein Legacy Scholarship • Mieras Family Shoes, Grand Rapids • Hope College • Nursing • Junior
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Kathryn Hull North Adams Willis W. and Mary Jane Marshall Memorial Legacy Scholarship • Hillsdale County Agriculture Society, Hillsdale • Michigan State University • Education • Senior
Sydney Lazarek Wyandotte Target Corporation Platinum Legacy Scholarship • Target, Taylor • Grand Valley State University • Special Education • Freshman
Danielle Nowak Brecksville, Ohio Mark Schrag Legacy Scholarship • Oliver Printing and Packaging, Twinsburg, Ohio • Ohio State University • Marketing • Sophomore
Abigail Owens Kalamazoo Kenneth A. and Margaret Schwark Legacy Scholarship • Consumer Credit Union, Kalamazoo • Michigan State University • Finance • Freshman
Bridget Owens Kalamazoo Joseph Swanson Platinum Legacy Scholarship • Consumer Credit Union, Kalamazoo • Michigan State University • Nursing • Junior
Payton Peltomaa Okemos Orin and Tina Mazzoni and Family Legacy Scholarship • Doggy Daycare and Spa, Okemos • Grand Valley State University • Advertising/ Public Relations • Sophomore
Dana Pierangeli Grand Rapids Fred and Lillian Sherman Legacy Scholarship • McDonald Pierangeli Macfarlane, PLLC, Grand Rapids • University of Michigan • English • Junior
Kyle Rambo Marquette D. Larry Sherman Legacy Scholarship • Catholic Social Services, Marquette • Saginaw Valley State University • Finance • Sophomore
Jeffrey Roberts Dearborn Heights William J. Hallan MRA President and CEO Legacy Scholarship • The M-Den, Ann Arbor • Central Michigan University • Communications • Junior
Keegan Rumler Jackson Kenneth A. and Margaret Schwark Legacy Scholarship • P & T Fitness, Jackson • Michigan State University • Kinesiology • Junior
Madison Skop Boyne Falls Judy and Rodney Phillips Legacy Scholarship • Country Casuals, Petoskey • Central Michigan University • Graphic Design • Senior
Allison Stevens Midland Brines Family Legacy Scholarship • Gill-Roys Hardware, Midland • Alma College • Senior High Education • Junior
GUIDE TO PROFILES Information for each student is listed in this order: hometown; award name; business where the student or parent works; business location; college or university; major; and class status.
The scholarships are funded by the Michigan Retailers Foundation from earnings on tax-deductible contributions from MRA members and other generous donors. MICHIGAN RETAILER AUG / SEP 2020
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Take the flammable warning seriously on hand sanitizer The Mechanical Contractors Association of America put out a safety memo in May warning workers that liquid alcohol-based hand sanitizers can be flammable. Since the hand sanitizers - most of which contain isopropyl alcohol - are being used more than ever to help prevent the transmission of COVID-19, the association wanted to make their members aware of the potential danger. It cited an incident in which a worker suffered first- and second-degree burns to the hands after using an alcoholbased hand sanitizer and then touching a metal surface before the liquid evaporated. The static electricity ignited the vapor from the sanitizer “with an almost invisible flame on both hands.” MCAA says construction worksites and mechanical service areas are at highest risk for such incidents. Those have the most potential ignition points for sanitizer, such as: • Sparks from electrical tools and equipment
News From
• Sparks, arcs and hot metal surfaces from welding and cutting • Smoking tobacco products • Open flames from portable torches and heating units as well as boilers, pilot lights, ovens and driers • Sparks from grinding and crushing operations • Sparks caused by static electricity In addition, isopropyl alcohol should be kept away from strong oxidizers, acetaldehyde, chlorine, ethylene oxide, acids and isocyanates. Store it in a tightly closed container in a cool, dry, well-ventilated area. Quantities above 5 gallons should be stored in a flammable liquids cabinet or in areas protected by an automatic sprinkler system. Another safety tip suggested by Safety+Health magazine: Use soap and water whenever possible. If you use hand sanitizer, let the sanitizer fully absorb into the skin or evaporate before returning to work.
MRA Group Insurance program Insurance coverage available for small and large groups.
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Our reputable insurance carriers include: • Health – BCBSM, BCN, HAP, a Henry Ford Health System subsidiary, Priority Health, Physicians Health Plan and McLaren Health Care • Dental - Retailers Insurance Company, administered by Delta Dental of Michigan • Vision - VSP • Life and Disability – Guardian and Unimerica Insurance Company Please call or email our insurance expert, Ally Nemetz, at 800.366.3699 x350 or anemetz@retailers.com.
COVID Compliance Guide A publication from Michigan Retailers Association
As of Aug. 1, 2020
• Checklist of state requirements • Face covering FAQs • Free COVID-19 signage • Response to positive COVID tests • Paid leave, unemployment and more
Nothing in this guide should be considered legal advice. The recommendations are subject to change as the state and federal government implement and enforce these policies. If you have questions about a specific situation with an employee, customer or regarding legal liability we recommend you consult an attorney or human resources expert. 080620
MICHIGAN RETAILER AUG / SEP 2020
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Checklist of state requirements for retail
Keep your employees and customers safe while avoiding fines or penalties from MIOSHA. MIOSHA has indicated they are focusing on compliance within the service industry, including retail, through a State Emphasis Program designed to promote partnership,
education and enforcement to reduce the COVID-19 spread. Complaints will be forwarded to licensing entitites for review. Here is what they will be looking for:
General operations
Social distancing
Promote remote work to the fullest extent possible. Restrict business travel to essential travel only.
Develop a preparedness and response plan (see MRA template on retailers.com), consistent with OSHA’s Guidance on Preparing Workplaces for COVID-19. o Make this plan available by June 1, 2020, or within two weeks of resuming in-person activities, whichever is later, to employees, labor unions and customers (via website, internal network or paper).
Establish a response plan to handle confirmed infection in the workplace, including protocols for sending employees home and for temporary closures to allow for deep cleaning.
Adopt any additional infection-control measures for the type of work performed at the worksite and the rate of infection in the surrounding community.
Personal protective equipment (PPE) Provide non-medical face coverings to all employees.
Require face coverings to be worn when 6 feet of distance cannot be maintained, and consider face shields when employees cannot consistently maintain 3 feet of separation from other individuals.
Require face coverings in shared spaces, including during in-person meetings and in restrooms and hallways.
Employees who cannot tolerate wearing a face covering should be provided with a face shield or reassigned to tasks where they can maintain 6 feet of distance.
Enhanced cleaning standards
Increase facility cleaning and disinfection to limit exposure to COVID-19, focusing on high-touch surfaces, products and equipment.
Adopt protocols to clean and disinfect the facility in the event of a positive COVID-19 case in the workplace.
Provide employees access to cleaning supplies upon entry and time to wash hands/use hand sanitizer.
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Keep everyone at least 6 feet from one another through the use of ground markings, signs and physical barriers, as appropriate.
Employees
Designate and inform employees who can return to work in writing (can be via email or on your website). Provide and document COVID-19 training to employees on: o Workplace infection-control practices. o Proper use of personal protective equipment. o Steps the employee must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis. o How to report unsafe working conditions.
Place posters in the languages common in the employee population that encourage staying home when sick, cough and sneeze etiquette, and proper hand hygiene practices.
Provide any communication and training on COVID-19 infection control practices in the primary languages common in the employee population.
Designate one or more worksite supervisors to implement, monitor, and report on the COVID-19 control strategies in the preparedness and response plan. A supervisor (or designated employee) must remain on-site when employees are present.
Encourage employees to use PPE and hand sanitizer on public transportation.
Conduct a daily entry self-screening protocol for all employees or contractors entering the workplace, including, at a minimum, a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID-19.
When an employee is identified with a confirmed case of COVID-19, within 24 hours, notify both the local public health department and any co-workers, contractors, or suppliers who may have come into contact with the person.
Do not discharge, discipline or otherwise retaliate against employees who stay home or who leave work when they are at particular risk of infecting others with COVID-19.
Retail stores open for in-store sales must: Create communications material for customers (e.g., signs or pamphlets) to inform them of changes to store practices and to explain the precautions the store is taking to prevent infection.
Establish lines to regulate entry, with markings for patrons to enable them to stand at least six feet apart from one another while waiting. Stores should also explore alternatives to lines, including by allowing customers to wait in their cars for a text message or phone call, to enable social distancing and to accommodate seniors and those with disabilities. Except in Regions 6 and 8, adhere to the following restrictions: o Stores of less than 50,000 square feet of customer floor space must limit the number of people in the store (including employees) to 25% of the total occupancy limits established by the State Fire Marshal or a local fire marshal. o Stores of more than 50,000 square feet must: −Limit − the number of customers in the store at one time (excluding employees) to 4 people per 1,000 square feet of customer floor space. −Create − at least two hours per week of dedicated shopping time for vulnerable populations, which for purposes of this order are people over 60, pregnant women, and those with chronic conditions such as heart disease, diabetes, and lung disease. The director of the Department of Health and Human
Services is authorized to issue an emergency order varying the capacity limits as necessary to protect the public health. Post signs at store entrance(s) instructing customers of their legal obligation to wear a face covering when inside the store. Post signs at store entrance(s) informing customers not to enter if they are or have recently been sick. Design spaces and store activities in a manner that encourages employees and customers to maintain six feet of distance from one another. Install physical barriers at checkout or other service points that require interaction, including plexiglass barriers, tape markers, or tables, as appropriate. Establish an enhanced cleaning and sanitizing protocol for high-touch areas like restrooms, credit card machines, keypads, counters, shopping carts, and other surfaces. Train employees on: o Appropriate cleaning procedures, including training for cashiers on cleaning between customers. o How to manage symptomatic customers upon entry or in the store. Notify employees if the employer learns that an individual (including a customer or supplier) with a confirmed case of COVID-19 has visited the store. Limit staffing to the minimum number necessary to operate.
What to do if an employee or customer tests positive? • Establish a response plan for dealing with a confirmed infection in the workplace, including protocols for sending employees home and for temporary closures of all or part of the workplace to allow for deep cleaning. • Adopt protocols to clean and disinfect the facility in the event of a positive COVID-19 case in the workplace. • When an employee is identified with a confirmed case of COVID-19: 1. Immediately notify the local public health department, and 2. Within 24 hours, notify any co-workers, contractors, or suppliers who may have come into contact with the person with a confirmed case of COVID-19. Do not identify the name of the employee who has tested positive, to protect their privacy. 3. An employer will allow employees with a confirmed or suspected case of COVID-19 to return to the workplace only after they are no longer infectious according to the latest guidelines from the Centers for Disease Control and Prevention (CDC) and they are released from any quarantine or isolation by the local public health department. MICHIGAN RETAILER AUG / SEP 2020
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Face covering FAQs: Navigating state and federal guidance Face covering enforcement has become a worrisome issue for retailers with the July executive order requiring retailers to bar entry and refuse service to those not wearing a mask, unless they fall under one of the exemptions. We’ve compiled this list of FAQs after inquiring with the governor’s office and our fed-
eral partners on some of the conflicting guidance and laws.
Q: Under Executive Order 2020-153 who is exempt from wearing a mask?
Q: What steps does the state expect retailers to take to enforce mask wearing in stores?
A: The order states the requirement to wear a face covering does not apply to individuals who: • Are younger than five years old; • Cannot medically tolerate a face covering; • Are eating or drinking while seated at a food service establishment; • Are exercising when wearing a face covering would interfere in the activity; • Are entering a business or are receiving a service and are asked to temporarily remove a face covering for identification purposes; and • Are communicating with someone who is hearing impaired or otherwise disabled and where the ability to see the mouth is essential to communication.
A: MIOSHA recommends retailers have a clear policy in place with your employees that is routinely followed. MIOSHA defines a “good faith effort” as taking the following steps: • Posting a clear sign that masks are required to enter; • Approaching and reminding customers they are required by law to wear a face covering to enter; • Offering alternative methods to shop if they don’t want to wear a mask (curbside, online, over the phone, etc.); and • Stopping the engagement with the customer and contacting the authorities if someone becomes agitated and refuses to wear a mask to enter the store.
Q: What medical conditions make someone unable to tolerate wearing a mask? A: • Respiratory disabilities such as asthma, chronic obstructive pulmonary disease (COPD), or cystic fibrosis; • Post-traumatic stress disorder (PTSD), severe anxiety, or claustrophobia; • Autism or related conditions that make persons sensitive to touch and texture, or where covering the nose and mouth with fabric can cause sensory overload, feelings of panic, and extreme anxiety; and • Cerebral palsy or condition resulting in limited mobility that makes it difficult to put on or take off a face covering, or difficult to operate assistive technology with their mouth.
Please note this should not be considered legal advice and it is subject to change as the state and federal government review these requirements.
Q: Do I have to deny entry/service to someone who says they are medically unable to tolerate wearing a mask? A: No. MIOSHA recommends allowing people who have a medical reason not to wear a mask to enter and shop. Please note that you should not ask what the medical reason is to avoid potentially violating HIPAA laws. (HIPAA is primarily limited to healthcare plans/providers but it’s best to avoid asking.)
Q: Can I deny entry to someone even if they are medically unable to tolerate wearing a mask? A: Generally, the ADA protects people with disabilities. However, it does not provide protection if the person with a disability poses a direct threat of substantial harm that cannot be reduced by a reasonable accommodation. On guidance posted by the U.S. Equal Employment Opportunity Commission (EEOC), which governs the employer-employee relationship, they stated the COVID-19 pandemic meets the direct threat threshold based on guidance from the CDC and public health authorities. If you attempt to deny entry/service to a customer you should still provide an alternative method to accommodate them to avoid any issues with the federal Americans with Disabilities Act (ADA). If you have in place strong, prompt and effective options to provide delivery or pick-up, it will be easier to defend your strict enforcement of government orders. If you do use telephone or internet for alternative service, make sure they are
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Q: Do I need an employee stationed at the door? A: MIOSHA will not expect someone to be stationed at the door if there is someone nearby at a checkout counter or a greeter, etc. who can monitor the door. The state confirms that posting a sign does not meet the requirement to enforce the policy.
Q: What would generate a fine/ penalty from MIOSHA?
accessible to the disabled, especially those who are blind or deaf.
Q: Can I ask for proof of a medical condition that prevents someone from wearing a mask? A: Asking for proof of a medical exception to the face covering policy comes with risks and we advise against having your employees review or adjudicate the medical conditions of your customers.
A: MIOSHA is relying on the “general duty clause” in statute to allow them to enforce executive orders. Because E.O. 2020-153 references “protecting workers” MIOSHA will be involved in monitoring businesses’ adoption of the mask enforcement requirement. They said it is an easy citation and fine on businesses who are not requiring their employees to wear face coverings/face shields. That said, their stated goal is to seek compliance and educate businesses vs. writing citations. There is a free hotline that businesses can call with questions; 855-SAFE-C19. Businesses can also request a free consultation with someone who comes out to the store without fear of penalty.
The safest and most conservative approach is to honor the customer’s word regarding their need for an exception and not require proof. If the store begins to have a large number of claims for disability exceptions, the retailer can re-evaluate and consult with legal counsel whether there is a stronger argument for requiring proof based on the “necessity” of such a requirement with such widespread claims and/or the “direct threat” presented by such widespread exceptions.
Q: Will the police cite people for not wearing a mask? A: It depends. They have the power to do so, but many local law enforcement agencies have issued statements explaining that they will not write tickets to individuals for not wearing masks since the mask requirement has not been promulgated into law through the legislative process. Instead, they will refer the general public to contact other entities like the attorney general’s office, the governor’s office and local health departments.
Q: What will the police do to assist retailers? A: In our conversations with law enforcement officers, we believe they will continue to respond to calls when customers are threatening or aggressive with store employees. Officers may arrest/charge someone with disorderly conduct, causing a disturbance and/or trespassing. MICHIGAN RETAILER AUG / SEP 2020
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Free COVID-19 signage for your store MRA created some signage for retail stores about masks, cleaning and other COVID-related issues to inform your customers. In addition, the state has suggested helpful signs. You can find all these options and download them for free here (https://bit.ly/2WXxUds). • Face mask sign from the state Department of Labor and Economic Opportunity • Face mask sign from Michigan Retailers Association • Social distancing and other signs designed by the state – scroll halfway down the page. • Social distancing and other signs designed by Michigan Retailers • Want to make your own sign? Canva.com has some great templates. A free membership allows you to create your own.
Thank you for wearing a face mask!
You’re helping to protect our front-line employees and vulnerable customers.
Feel free to touch what you think you’ll buy. Otherwise, please minimize touching for the safety of others.
Social Distancing Please remain at least 6 feet from others
6 feet
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State and federal leave laws, unemployment and COVID In light of the pandemic, the state and federal governments have passes several laws or issued orders affecting unemployment and paid leave. Unemployment In Michigan, an individual must be considered to have left work involuntarily for medical reasons and is eligible to collect paid leave (if available) and/or unemployment (once paid leave ends or if paid leave isn’t available) if that individual leaves work for any of the following reasons: - Workers with a family care responsibility as a result of a government directive, like childcare due to school closures or caring for a loved one who has COVID-19. - Workers who are sick with COVID-19 or symptoms of COVID-19 (fever, atypical cough, and atypical shortness of breath). - Workers who have had contact in the last 14 days with someone with a confirmed diagnosis of COVID-19. - Workers under self-isolation or self-quarantine in response to elevated risk from COVID-19 due to being immuno-compromised. Executive Order 2020-36, and any executive orders that follow it prohibit discharging, disciplining, or otherwise retaliating against employees who stay home or who leave work when they are at particular risk of infecting others with COVID-19. Michigan’s Paid Medical Leave Law - Applies to businesses with 50 or more annual workers (includes part-time and seasonal workers in the overall count but they are not eligible for benefits). - Requires a minimum of 40 hours paid medical leave each year be offered to eligible employees. Executive Order 2020-36 protecting workers - This prohibits employers from retaliating against an employee who has tested positive, has COVID symptoms or has come into close contact with someone who tested positive for COVID. - Requires employers to treat an employee who meets the criteria above as if he or she were taking medical leave under the Paid Medical Leave Act.
- To the extent that the employee has no paid leave (aka leave has been used or the Act does not apply), the leave may be unpaid. - Employers are permitted, but not required, to debit any hours that an employee stays home from work from the employee’s accrued leave. Federal Emergency Paid Sick Leave - Passed under the Families First Coronavirus Response Act (FFCRA) - Applies to employers with less than 500 employees through December 31, 2020. - Requires up to 80 hours of paid medical leave be offered to someone who is subject to a quarantine, advised to quarantine, has symptoms, is caring for someone under quarantine or sick, or is caring for a son or daughter whose school/childcare is closed. - Reimbursed through a credit to the employer’s quarterly payroll taxes. Emergency Family Medical Leave Act (FMLA) - All companies with under 500 employees must provide eligible employees with 12 total weeks of leave (first two weeks are unpaid, next 10 weeks are paid) emergency family medical leave. - Employees are eligible if they are unable to work (or tele-work) because they have a son or daughter under 18 who requires care due to school closures or childcarerelated closures (paid childcare facilities) due to coronavirus.
As of Aug. 1, 2020
Nothing in this guide should be considered legal advice. The recommendations are subject to change as the state and federal government implement and enforce these policies. If you have questions about a specific situation with an employee, customer or regarding legal liability we recommend you consult an attorney or human resources expert.
MICHIGAN RETAILER AUG / SEP 2020
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catch-all drawer The
Tidbits to make business easier
BUY NEARBY WEEKEND IS OCT. 2-4! Pandemic be damned – we are forging ahead with Buy Nearby Weekend on Oct. 2-4. And of course the message is as important than ever, as we all need every shopping dollar possible to stay in Michigan and fuel our economy. Buy Nearby Guy won’t be attending any events, obviously, but we have your Buy Nearby packets ready – all you have to do is order one! Contact Rachel Schrauben (rschrauben@retailers.com). Here’s what’s in our Buy Nearby packets: • 11x17 Buy Nearby poster • 9 x11 Buy Nearby poster • Buy Nearby window decal • Bag stuffers • Talking points • Buy Nearby stickers This year, Buy Nearby supporters will also get a 16-oz bottle of Michigan-made hand sanitizer and 25 seed packets to hand out to favored customers as a thanks “for growing our business.” Don’t forget to “like” our Buy Nearby Facebook page to keep up on happenings and shop-local news.
Contactless credit card processing.
SURVEY: SHRINKAGE LOSSES RISE Theft, fraud and losses from other retail “shrink” totaled $61.7 billion in 2019, up from $50.6 billion the year before, according to the annual National Retail Security Survey by the National Retail Federation. According to the report, shrink averaged 1.62 percent of sales during 2019, up from 1.38 percent in 2018 after hovering around 1.4 percent over the past few years. The number of cases was up, with an average 560 employee theft apprehensions per retailer surveyed (up from 323 last year) and 689 shoplifting/ORC apprehensions (up from 509). Many states have amended laws to increase the dollar threshold that constitutes a felony, which is more likely to be prosecuted than a misdemeanor. In Michigan, when a ring of criminals was caught stealing high-valued merchandise with the intent to resell it for profit, there wasn’t much of a penalty before 2012. The only laws on the books were shoplifting laws, aimed at individuals stealing items for their own personal use. Michigan’s Organized Retail Crime Act, passed in 2012, gave prosecutors more tools to punish these organized crime rings. While 49 percent of those surveyed said the largest increase in fraud occurred in stores, 26 percent said it happened online and 19 percent cited multichannel sales. Typical fraud incidents range from the use of stolen credit cards or card numbers and gift card scams to the return of stolen merchandise for refunds. To fight losses, retailers reported increased use of point-of-sale analytics, security cameras, wired alarms on high-value merchandise and online training for employees.
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MICHIGAN RETAILER AUG / SEP 2020
New Members Fatima Fuel LLC, Adrian Thunder Bay Shores Marine Inc., Alpena Extracorporeal Life Support Organization, Ann Arbor Sloan Zakaria Inc. dba Ali’s Up North, Au Gres Freed Auto Inc., Battle Creek Todd G. Stagner OD PLLC, Battle Creek YWCA Great Lakes Bay Region, Bay City Atchinson Ford Sales Inc., Belleville Hush Intimate Apparel LLC, Brighton Brewform LLC, Caseville Clarkston Fuel Ventures Inc., Clarkston Happenstance LLC, Clinton Township Cellar 59 LLC, Clinton Township Nevada Supermarket, Detroit CJC Cruises Inc., Detroit Sport-N-Fun Inc., Farmington Hills Steensma Trucking LLC, Grand Rapids MAS Fitness LLC dba Luminary Fitness, Grand Rapids RTD-19 LLC, Harrison Township Holland Family Dentistry PC, Holland Pacific Coast Holdings, Houghton Uncle Ben’s Uniforms, Kalamazoo Len’s Carpet Care, Lansing
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603 South Washington Avenue Lansing, MI 48933 Phone: 517.372.5656 Toll-free: 800.366.3699
Buy Nearby Weekend October 2 - 4, 2020
Keep your money in the Mitten!®