retail Archives - VA Law & Business Review

Black Friday Safety

November 24, 2015November 30, 2015admin

When it comes to Black Friday, you either like or loathe the post-Thanksgiving shopping extravaganza. Black Friday has become so popular that it has started to infringe on Thanksgiving itself, making many people wonder if consumerism is more important than time with family. Regardless of how you feel about Black Friday, it’s a pretty big deal and it looks as though it’s here to stay. Although the major shopping event of the year is good for the economy and for the shoppers who want to save some money, it can also be dangerous for shoppers and retailers. On average, each year, there’s a small handful of reported injuries that take place on Black Friday; however these statistics may be low considering that not all injuries make the news or are reported. If you decide to venture out and wait in line at one of the big box stores, take the time to make sure you’re safe.

Stay Safe in Retail

During the holiday season, retail employees work hard for every cent they earn. Long shifts, extended store hours, holiday music on an endless loop, and stressed out customers are common challenges each day in the life of a retail worker. Black Friday marks the beginning of the holiday shopping season and it rarely slows until the after the holidays are over and shoppers have made exchanges or returns. Black Friday means job security to many who work in retail, but it can result in workplace injuries and even death. On Black Friday in 2008, a Long Island retail worker was trampled to death by shoppers who had more or less broke down the barriers to get inside of the Wal-Mart. In such a frantic rush to get the biggest deal, Black Friday shoppers may have had no idea that the person who had fallen had been killed by bargain hungry shoppers.

While retail workers strive to make Black Friday shopping safe and organized for all shoppers, employees are often at risk for injuries that can leave them out of work permanently due to a disability, which can put an end to financial security. According to the Virginia SSDI attorneys at Marks and Harrison Law Firm, in order to receive disability pay, an eligible disability should be expected to last for at least one year or expected to result in death. Think about the Long Island worker, had he not tragically passed away, his injuries may have been severe enough that he would never work again.

Safety Plan on Black Friday

Implementing a Black Friday safety plan not only keeps shoppers safe, but benefits employees and the business overall. Here are some Black Friday safety tips to help keep employees safe, and ultimately have safer shoppers, during the mad dash for bargain prices:

Delegate Jobs: While it may be difficult to train some employees to a different department, delegate employees to certain responsibilities such as calling the police or emergency responders.

Explain Expectations: If employees have never worked when the store is full, explain what they can expect. Employees that don’t do well under the pressure of crowds should be delegated a different role for the day.

Have Security or Backup: When a line forms outside before a store opens, there’s almost always a mad and chaotic rush through the entryway (that’s kind of the thrill of Black Friday). Hire security or people who aren’t afraid to face a crowd head on, but can do it safely. This individual should know how to manage a crowd without using force.

This Black Friday, stay safe, be prepared, and keep the post-holiday shopping tradition strong.

Make It Like New: Renovating an Old Building for a New Retail Space

July 22, 2015July 22, 2015admin

Whether you are starting a new business or are expanding, finding the right space is essential. Depending on your location, there are may be many older and abandoned properties with historical value, loads of potential, and in need of a little TLC. These days, when city dwellers across the country are urging to keep downtown business districts alive, an older building may be the perfect fit for your business; particularly if the price is right.

Whether you love the clean lines on a Classical Revival building or are head over heels about the masonry construction and arches of a Romanesque Revival building, any old building you choose to renovate may require some work. Rather than feeling overwhelmed by your work in progress, look at your purchase as an opportunity to make your business stand out.

Safety First

Much of an old building’s charm is visible on the outside, but in order to capture the original look on the inside, it may require peeling and tearing out layer upon layer of outdated building materials (such as paneling, plaster, carpeting, and linoleum). However, you may also come across a building that looks as though it has never been touched by modern architecture. Either way, you will need to make sure that your building is a safe place for your business and that it won’t put you or your patrons in danger.

Inspection: Have the building inspected by a professional. He or she will closely examine every aspect of the building from the roof to the foundation to determine the building’s safety. This report will help you decide how much to invest in the remodel and how much assistance you may need from a designer/architect.

Beware of Red Flags: The price tag may be too good to pass up, but are there are some red flags to consider such as hazardous materials like asbestos. Many old buildings contain the carcinogen and should not be destroyed or removed without a professional.

Asbestos can be found in almost every type of building material prior to the late 1970’s. “Asbestos has been used in heating and domestic water systems, including pipes, boilers and tanks. It also has been used in vinyl and linoleum flooring, and drop-in ceiling tiles,” says Belluck & Fox

Design Tips

Once you’re given the green light to go ahead and start renovating, it may be hard to decide where you want to start. While money will most likely be the deciding factor, plan a design that focuses on energy conservation and safety without losing your business’s unique style.

Spend to Save: There are many features in the old building that you may want to hang on to such as tall ceilings, ornate light fixtures, and large store front windows. You can keep some of these charming features and add some updated, money saving designs. Consider saving light fixtures, but adding more efficient lighting. Keep the large windows, but make sure there is new weather stripping around the windows.

Additionally, get rid of features such as mail chutes, that may interrupt efficient heating and cooling. If you’re lucky, you may find some inexpensive replicas (flooring or lighting) that perfectly match some of your building’s vintage charm.

So You Think You Can Finance? The Pros and Cons Retail in the US

April 30, 2015May 6, 2015admin

Retail sales in the US top four billion dollars each year, so there’s clearly a piece of the pie out there for burgeoning entrepreneurs. Although many starry-eyed would-be Richard Branson’s forget to ask themselves a simple question before they embark on the road to their billions, and it’s “what am I up against?” Understanding different types of retail and business models is integral to understanding where your business will fit on the spectrum of retail success.

How The Business Operates

Obviously, running a brick-and-mortar business is going to have completely different overhead from a simple website, but understand overhead, cost and associate risks helps you anticipate what you’ll need to get started. Dunn and Bradstreet, a notable firm, conducted a study that revealed that 90 percent of small businesses fail because of “a lack of skills and knowledge of the owner.” Say, for example, you’re an excellent yoga instructor with enough capital to start a small studio, it doesn’t matter how good you are at the “lotus” pose if you don’t understand and master the art of bookkeeping– or hire someone who does. Great customer service, smart inventory or service management, effective staff training, strategic merchandising, long-range planning and disciplined leadership are uncompromising pieces to any business that wants to stay successful for the long-haul.

The Strategy Behind The Success

The best product or service in the world will fail unless it begins with a solid, well researched and creative marketing strategy, which includes understanding of your competition. All sales techniques, networking initiatives, advertising, PR and media campaigns fall under the umbrella of marketing. According to Marketing Made Simple, this begins with understanding your customer, and understanding you may not be the best proxy for your customer. Do your research and get into the mind of the demographic you are looking to penetrate, and design your mission statement and value proposition around them. Then, write a marketing plan that’s built to evolve with the changing marketplace. You’re marketing plan could be simple or have hundreds of moving pieces; The American Marketing Association offers excellent, and in-depth tips on creating the best plan for your business.

Ensure Legal Compliance

Some of the biggest and best brands have been brought down by skirting, or simply failing to understand all of the legal risks involved. Most of us have a general understanding that discrimination, tax evasion and embezzlement are a bad idea, but they may not know the intricacies or risk factors involved with the subtle rules of workers compensation or the ins and outs of what at-will termination really means. Protecting your personal assets is also an essential part of successful business operation. There are unique and complex legal hoops for just about every industry, as the law is never a “one size fits all” entity. Food labeling is much different than food preparation for example; every genre of product has its own legal book of rules to follow, so it’s essential to find a knowledgeable attorney, no matter what industry you seek to make a mark in.

It’s Not Just Customers Who Can Slip and Fall; Employees Also Face Risk

December 9, 2014December 9, 2014admin

The busy holiday shopping season coincides with the onset of winter weather in Virginia, which can create slippery walking surfaces in and around shopping centers due to rain, snow, ice and snowmelt. While this can create a treacherous situation for customers, it can also lead to slips and falls for retail employees during their busiest time of the year.

These slips and falls by employees at shopping centers, malls, stores and other retail establishments can lead to workers’ compensation claims, not to mention painful injuries for employees.

According to the National Institute for Occupational Safety and Health (NIOSH), risk factors for slips and falls in the workplace include: ice, snow and rain; loose mats or rugs; spills; poor lighting; and walking surfaces in disrepair. NIOSH recommends taking steps to prevent workplace falls, such as placing signs when surfaces are wet, using slip-resistant mats, installing proper lighting and choosing flooring material that will reduce the chance of falls.

The Cost of Slips and Falls on the Job

Falls are serious business for employers and employees. Statistics from the National Floor Safety Institute indicate:

Falls account for more than 8 million emergency room visits, and slips and falls account for more than 1 million visits, or 12 percent of all falls.
Fractures often are the most serious consequences of falls, and occurring in 5 percent of people who fall.
Slips and falls represent the primary cause of lost days from work due to occupational injuries.
Slips and falls are the top cause of workers’ compensation claims and are the leading cause of occupational injury for people age 55 and older.
According to the Consumer Product Safety Commission, floors and flooring materials are the direct cause of more than 2 million fall injuries yearly.
85 percent of worker’s compensation claims stem from employees slipping on slick floors, according to Industrial Safety & Occupational Health Markets 5th Edition.

Preventing Falls at Retailers

Zurich Services Corporation’s “Slips, trips and falls for retail,” offers a 10-point program meant to guide to help retail management teams reduce and control slips and falls in the retail environment. It indicates that business owners or managers must work to maintain safe walking surfaces at all times, especially when snow and ice are present.

The guide recommends slip-resistant flooring for retail outlets, citing studies that indicate 80 percent or more of the moisture on employees’ and customers’ shoes can be removed with the addition of quality entrance mats at store entrances.

The guide also reported that the average workers’ compensation claim value for slip, trip and fall accidents over a five-year period was $26,460, with falls related to ice and snow having an average claim value of $28,218.

Making a Claim for Workers’ Compensation After a Fall

In Virginia, all workers, including retail employees, may be eligible for workers’ compensation benefits if they have a slip-and-fall accident while on the job. If you need emergency medical treatment after the accident, make sure to tell the medical team you were injured on the job.

If you have been injured on the job in Virginia, you should file a claim with the Virginia Workers’ Compensation Commission. You should report the injury to your employer immediately – no later than 30 days from the date of the accident – and file a claim with the commission within two years of the accident.

Your employer may arrange for you to see a doctor after your accident. The employer should also file a report of the accident within 10 days. It’s also a good idea to seek help from an experienced workers’ compensation lawyer if you have suffered a fall while on the job.