Retailers Buckle Up for Lame Duck

With the election behind us, one might think we could finally all take a collective deep breath and relax. Unfortunately, the Michigan legislature has entered its lame duck period, which could be extremely volatile for the retail industry. Thus, we’re buckling up our seatbelts to prepare our defense.

With newly elected officials set to take office in January, sitting legislators (with full democratic control) have little time to push policy before the Republicans take control of the house. As a result, lame duck becomes a mad dash. Notably, 145 new bills were introduced in the week after the election, and many are extremely concerning.

One proposal involves major changes to our workers’ compensation system that would significantly increase costs for employers. The legislation erases the distinction between partial and total disability, meaning an employee with a partial disability that is still able to work will have total disability benefits. It also expands the types of claims that are compensable for diagnoses including such things as stress-related disorders, for which it is currently difficult to establish a causal work connection. 

Legislation was also introduced that would massively expand the bottle bill to basically include all beverages except milk. I need not list all the ways this would be terrible for our grocery members and an added burden for Michigan consumers. But what’s interesting about the current approach is how the bill sponsor is looking to circumvent legislative protections. Back in 1976, the bottle bill was a voter-initiated law, which means that it would require 3/4ths vote of the legislature to amend it. The current bill includes language stating that it will only go into effect if it’s approved by the people, meaning it would appear on the next ballot but for a successful legal challenge. 

As we approach the critical holiday season, our team is focused on protecting the industry from bad legislation so you can focus on running your stores. Defending against the bottle bill and workers’ compensation proposals will be some of our top priorities for lame duck. 

Happy holidays from Michigan Retailers Association!

William J. Hallan, President and CEO, Michigan Retailers Association