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Vote NO on Questions 2 & 5 to Support Our Students and Servers

by Jon Hurst, RAM President

As Massachusetts voters head to the polls next week, they will be voting on five ballot questions which seek to pass new laws in the Commonwealth. As voted by our Board of Directors, two of those questions—Questions 2 and 5—are being opposed by the Retailers Association of Massachusetts (RAM). RAM urges our members, their employees, families, friends and neighbors to vote NO on 2 and 5.

The common denominator of these two questions is that they are both counterproductive for the future of those residents most directly affected—our high school students and tipped service workers. The other interesting connection between the two questions is that they are being pushed by the deep pockets of special interest groups, one from here in Massachusetts, and the other an out of state national lobbying interest group.

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Mass. Residents Deserve Inflation Relief

Originally published in CommonWealth Magazine on June 18, 2022

Mass. Residents Deserve Inflation Relief With
money available, state should eliminate protectionist laws


by Jon B. Hurst, RAM President

A few of us are old enough to remember the last severe bout with inflation four decades ago. My first mortgage right out of college was a whopping 12 5/8 percent. Gas and food prices were through the roof, and families fell further and further behind despite rising wages. In many ways the picture is as bad, or even worse, today. Energy prices and consumer essentials are far higher, interest rate increases are far from over, and the plunging stock market has become more important due to individualized retirement plans like 401ks.

Yet, while inflation is hammering consumers and small businesses, government has never had it so good, with revenues driven by pandemic federal dollars; and tax receipts such as sales, income, and property taxes all driven far higher with consumer goods, wages, and property value increases.




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Amortizing $7 B in COVID UI Claims Simply Not Good Enough

Amortizing $7 B in COVID UI Claims Simply Not Good Enough
June 6, 2021 -- by Jon Hurst, RAM President


Beacon Hill recently passed legislation which was billed as a fix for the $7 billion unemployment insurance crisis.  It was the second such bill passed in two months.  Yet employers are still waiting for government to step up with shared responsibility by making a fair down payment on the unprecedented employer tax increase for COVID layoffs triggered by public policy.

 
The “fixes” to the UI system to date has been all about amortizing over 20 years the incredible $7 billion of COVID claims paid over 17 months.  Through state bonding, the $7B (plus interest) is being spread out, preventing as much as 1600% immediate 2021 tax increases; but current and future employers are still being handed the entire bill of the claims and the interest charges.  To put that $7B in perspective, it is equivalent to 5 years’ worth of normal Massachusetts UI taxes and claims—and those typical annual UI taxes are already the highest in the US.  And of course, over the next 20 years, new, typical UI claims will also continue, ensuring growing payroll tax liabilities for decades.
 
The $7 B delayed tax increase will most certainly suppress future wage and job growth in the Commonwealth.  And by mortgaging the entire huge debt, Beacon Hill has yet to deliver what most states have already done to date—by making an appropriate “down payment” on the debt by recognizing a shared responsibility by state government to cover an appropriate amount of the COVID layoffs cost.  In fact, more than half of the states—most with far less dire UI Trust Fund debt than Massachusetts—have devoted federal COVID relief funds to bring down the debt and relieve employers from significant portions of the cost of the layoffs from the pandemic. 
 
These states have used either CARES Act federal funds from 2020, or committed to using American Recovery Plan Act (ARPA) dollars from the 2021.  Massachusetts is receiving $5.3 B in ARPA funds.  A significant amount of those funds should be committed now to this crisis, to bring down the future borrowing, interest charges, and unprecedented tax increases for employers.  And certainly, the state budget is in very good shapes with continuing increased tax revenues and expenditures far in excess of our rate of economic growth.  
   
 
Unlike any past recession, the facts are clear that the UI claims from COVID over the last year were not the fault of employers.  Small business owners did not order the business closures, the work place and commerce restrictions, nor did they prompt school and daycare closures.  Employers certainly didn’t trigger the extra emergency UI benefits which incented many to not work, because the majority of claimants made more on benefits than previously on the job.  And they certainly didn’t cause the hundreds of millions in unrecoverable, fraudulent UI claims.  Government triggered the UI claims due the health concerns, business restrictions and benefits structures, yet under current state law, the entire bill of over $7 Billion is currently being paid for by current and future Massachusetts employers.
 
We can all understand that 200 legislators are hearing from countless organizations, special interests, and constituent groups looking for a piece of that once in a lifetime kitty of $5.3B in ARPA funds from the federal government.  But Beacon Hill’s very first decision, and their very first investment of those ARPA funds should acknowledge government’s role in the $7 B COVID UI debt, and the need for shared responsibility for that unprecedented tax liability. 
 
Recognizing government responsibility, and prioritizing fair levels of public investment into those COVID claims, will send the right message that small businesses didn’t cause the problem.  Rather the message would be that it is vital that wage and job growth be incented going forward, rather than the creation of economic stagnation due to the assessment of unfair taxation. 

PPP Loan Forgiveness…Where Are We Now?

PPP Loan Forgiveness…Where Are We Now?

While PPP Loan Forgiveness is intended to help small businesses, the overwhelming amount of changes to the program have left many feeling lost, unsure of the next steps to take. ConnectPay, a longtime partner of RAM, wants to help clear the confusion with their webinar PPP Loan Forgiveness…Where Are We Now? on Tuesday, November 10th at 11:30AM. This RAM-exclusive opportunity will be ConnectPay’s seventh webinar on PPP, and will cover vital topics related to forgiveness, including:

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Lower Sales, Higher Costs Endanger Massachusetts Main Streets

October 22, 2020 by Jon B. Hurst, President

Come January, countless small business owners will review their receipts and expenses and decide if they can stay open. They will be making that heart wrenching decision at a time of great uncertainty. Can they take the risk that they can bring consumers back into their stores and restaurants and drive up sales to cover their expenses, or are the costs of operating just too much?

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The Connected Payroll Model: Celebrating Small Businesses And Helping Them Thrive

The popular image of Main Street America is familiar and welcoming: charming storefronts, restaurants with brightly colored awnings, old-school pharmacies, newer cafes, coffee shops, shoe repairs and more. Those small businesses make up a large part of America’s cultural history and its modern economy. Jon Hurst, President of the century-old Retailers Association of Massachusetts sees an even more powerful tradition at play in those mom-and-pop shops. 

“Historically, it’s been the go-to industry for entrepreneurs. Maybe you worked for a large company, but always had a dream of opening your small business, employing people, and serving customers,” Hurst says. That tradition of bootstrap entrepreneurs chasing their dreams and creating local jobs is alive and well in America today. According to the Small Business Administration’s most recent survey results, U.S. small businesses created 1.9 million net jobs in the span of a year, and firms employing fewer than 20 employees experienced the largest gains, adding 1.1 million net jobs.

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Small businesses are taking the rap on health care costs

February 26, 2019 by Jon Hurst, RAM President

When it comes to health care in Massachusetts, there’s good news and bad news. The good news? The state recently announced that individuals who buy health care through the Health Connector, our health care exchange, pay the second lowest premiums in the country. The bad news? According to the Massachusetts Health Policy Commission, small businesses and their employees in the state have the second highest premiums in the country.

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A PRESCRIPTION TO HELP MAIN STREET MASSACHUSETTS

January 2, 2019 by Jon Hurst, President

As we celebrate the New Year and look optimistically at the future, many small business owners are facing 2019 with fear for their profitability, given new state payroll mandates on wages and paid leave.

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Small Business Health Premiums Keep Rising More Than Others; RAM Seeks Regulatory Fairness

September 24, 2018  by Jon Hurst, President

Recently, the Massachusetts Center for Health Information and Analysis (CHIA) presented their 2018 Annual Report. The report was widely reported in the press for showing much slower overall growth in healthcare spending: 1.6% vs. the state’s 3.1% benchmark, and recent 4 year average of 3.6% increases. Yet, totally missed by the press and general public was how the increased costs were disparately distributed among a wide variety of consumers. Dissecting how the overall healthcare “pie” is divided is extremely important for small businesses, as important questions remain whether costs are being fairly distributed across all classes of purchasers.

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FOR RAM, GRAND BARGAIN WAS ABOUT COST MITIGATION; FUTURE CHALLENGES NEED BROADER BUSINESS COMMUNITY SUPPORT

August 7, 2018 By Jon Hurst, President

The so-called “Grand Bargain” was signed into law in late June, and with its’ passage, three initiatives were kept off the November ballot.  One question was RAM’s rollback of the sales tax; and the other two were the $15 minimum wage and the paid family and medical leave payroll mandates. 

Make no mistake about it—without the existence of RAM’s sales tax initiative, the political pressure to remove these two costly labor mandates from the ballot would never have occurred.  The sales tax ballot initiative created the environment and the leverage to move closer to middle ground through compromise, rather than facing near certain voter passage of the labor initiatives.  Neither the Legislature nor the advocates pressing the labor mandates wanted to see a sales tax rollback with a $1 Billion price tag. 

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Changes Coming: Internet Sales Tax, $15, Paid Leave, Sunday Pay Repeal - Why We Took The Deal

June 22, 2018 BY JON HURST

This week, after 20 years of RAM work on sales tax fairness, the US Supreme Court ruled in favor of the future of our Main Streets by overturning the 1992 Quill decision on remote seller tax collection and remittance.  The South Dakota v Wayfair decision is important and welcomed as it will seek to end unequal application of state government imposed sales taxes.  Here in Massachusetts, we have always had the “New Hampshire problem,” but we also have a very tech savvy consumer, all too likely to send their vital discretionary dollars out of our local economy, to tax free sellers easily found right on their smart phones.  Thus for many years, local stores have had two strikes against them as tax free competitors have proliferated. 

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Beacon Hill Ballot Question Negotiations Underway With Tight Deadlines

May 29, 2018 by Jon Hurst, President

As RAM members know, your association has been working for almost a year to qualify a ballot initiative to roll back the sales tax to the 5% rate last seen in 2009. The measure also authorizes an annual two day sales tax holiday.
Sufficient signatures have been obtained to file with the Secretary of State by the July 3rd deadline to qualify the measure for the November ballot. But important negotiations are underway on Beacon Hill with various ballot measure sponsors in order to achieve middle ground and avoid the questions being placed before the voters. Besides the sales tax question, two payroll mandate proposals are being negotiated: the initiative to raise the minimum wage to $15 over 4 years, and another initiative to create the most costly and extensive paid family and medical leave mandate in the country.
Complicating the negotiations are pending court cases on whether a constitutional amendment to increase the state income tax by 4% for those persons earning $1 Million or more will reach the November ballot. That case is before the MA Supreme Judicial Court. And before the US Supreme Court is the landmark case on whether states can mandate out of state internet sellers to collect the sales tax from local consumers (SD vs Wayfair).
Whether RAM moves forward with the ballot question on the sales tax rollback will be based on a combination of the outcome of those court cases; as well as on the ability of negotiations to produce more reasonable payroll mandate measures; while still giving taxpayers and local small businesses some sales tax relief to incent local consumer spending rather than driving purchases to NH or to Silicon Valley.
In case we do move forward with the sales tax ballot question, investments are being made for a campaign. The 10,792 required voter signatures for the second round of qualification have been obtained and will be held for potential filing. In addition, the Beacon Hill Institute has completed a study which confirms the economic benefits of lowering the sales tax—particularly for lower income consumers and our small businesses—as well as the fact that the tax loss is far less than what opponents might suggest due to increased local investment and jobs.
What links the high and avoidable sales tax and the proposed costly state labor mandates together is that both make it harder for local sellers to attract and retain local consumer spending due to the resulting and obvious higher customer prices.
In the age of the smart phone, we must all adapt. That includes our existing and proposed laws under the purview of our public policy leaders--who are all very quick to say they support small businesses and our Main Streets. To have laws which make local consumer prices far higher than our competitors, whether through a high sales tax or through unaffordable payroll mandates, is simply antiquated, unacceptable and counterproductive state economic policy. In the 21st Century, that fact is certainly crystal clear to anyone that has ever worked to make a payroll, and to attract consumers armed with unlimited spending options.
More than ever, the employer community, labor, and elected officials should all be working together to keep consumer spending--which is 70% of our economy—right here in Massachusetts. The next few weeks will be telling as to whether that cooperation can and will happen.

Real-time sales tax proposal must be rejected

May 1, 2018 By Bill Rennie, RAM Vice President

Many in the business community were pleased to see that painstaking policy work undertaken by Speaker Robert DeLeo and Chairman Jeffrey Sánchez of the House Ways and Means Committee had resulted in the removal of a real-time sales tax provision from an earlier version of the state budget currently being debated in the state house. They propose instead to create a bipartisan and commission to study the feasibility of a monthly estimated sales tax payment structure. This eminently sensible approach allows a thoughtful review of Massachusetts’ sales tax collection system, and removes the need for the immense technological overhaul real-time sales tax would require.

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National Report Shows ORC and Return of Stolen Merchandise on the Rise

November 28, 2017   By Ryan Kearney

A report recently released by the National Retail Federation found that organized retail crime (ORC) and return fraud continue to be on the rise across the country. This troubling news for the retail industry and honest consumers came just days after the Massachusetts House of Representatives agreed with the Senate to increase the felony threshold found in a number of the state’s property crimes which are commonly utilized by retailers, law enforcement and prosecutors to curtail such professional criminal behavior. In light of these findings during the holiday shopping season, the Legislature should strongly reconsider finalizing these changes to the felony thresholds.

At the current felony threshold level of $250, Massachusetts retailers already experience significant losses due to theft with an estimated $1 billion in merchandise stolen from their stores annually—a cost ultimately paid for by honest consumers. The majority of these losses are attributed to professional criminals who see theft as a low risk, high reward activity due to weak property crime laws. The proposed increases— $1,500 in the Senate and $1,000 in the House—would further weaken these criminal laws by removing the threat of meaningful criminal penalties from an expanded number of serious theft incidents.



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Sales Tax Initiative Leveraging Debate on How Government Affects Sales and Operating Costs on Main Street

October 24, 2107  By Jon Hurst, President

The Retailers Association of Massachusetts has been investing considerable time and resources this fall to qualify a ballot initiative to reduce the sales tax rate back to the 2009 level of 5.0%, as well as to authorize an annual August two day sales tax holiday.  Our membership polling clearly showed overwhelming support for the Association to take this rare step.  As an industry, we have not used the ballot initiative mechanism since 1994, when the voters approved a RAM sponsored measure to make Massachusetts the last state in the nation to allow stores to open on Sunday mornings, and on the three summer national holidays. 

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Increasing Felony Threshold For Larceny Represents a Dramatic Raise for Thieves

October 11, 2017  by Ryan Kearney

Massachusetts Senate leadership recently released a criminal justice reform package which seeks an eighty-four percent increase in the felony threshold for the crimes of larceny and credit card fraud—from the current level of $250 up to $1,500. An increase of this size would be detrimental to the ability of retailers, law enforcement and prosecutors to protect against theft and essentially results in dramatic raises and incentives for professional criminals operating in the Commonwealth.

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Moving Ahead on Sales Tax Ballot Question

Moving Ahead on Sales Tax Ballot Question

RAM’s membership overwhelmingly decided this week to move forward with an effort to put a sales tax ballot question before the voters that would reduce the state sales tax to 5% and mandate an annual sales tax holiday.

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HEY BIG HEALTHCARE, PAY THE SALES TAX LIKE THE REST OF US!

May 17, 2017  By Jon Hurst
 

As the fiscal year 2018 state budget gets closer to implementation on July 1, it is becoming clearer that employers will be asked in some way to help fund a state Medicaid budget gap.  The MassHealth budget has exploded under a combination of ACA related costs, mixed up consumer incentives, and a lack of provider expense control.  And until the state can institute some guardrails, and move some over to more appropriate and affordable options, it appears that employers will be asked to fund some of the increased costs over a two year period. 

Important discussions on the economic impact to small businesses have lowered the dollar ask and have allowed for discussions of better taxing plans, but still absent from the negotiations is skin in the game from the providers themselves.  A proposal to cap commercial rate increases for the big, high cost providers was lost in the flood of unparalleled political power by “non-profit,” non-taxpaying healthcare providers.   They aren’t shy about asking for more money from consumers, employers and taxpayers, but ask them to pay taxes or reduce their expenses, and they pull out all the stops to deflect the conversation.

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Smart Tax Policy Protects the Home Team

April 28, 2017 by Jon Hurst

"Don’t tax you, don’t tax me, tax the fellow behind the tree;” so said former Louisiana Senator Russell B. Long when describing “tax reform.”  This is a pretty clear description of the political process behind tax debates at the state and federal levels.  And this message is worth keeping in mind as we face major tax changes and debates over the next year on Capitol Hill concerning the Border Adjustment Tax; and on Beacon Hill and the state ballot on the so-called Millionaires Tax.

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Voter's Views on Sales Tax Provide Food for Thought

By Jon Hurst, President 

The Retailers Association of Massachusetts recently conducted public opinion polls by Princeton Research Associates to determine the views of voters and consumers in the Commonwealth about the state sales tax and about the fairness alternatives.  The results are interesting.  Following are the highlights.

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