06/23/2008
NFIB urges action on energy crisis
Last week, NFIB expressed strong support for an increase in offshore oil and gas exploration. Doing so would help to alleviate the strong concerns small business owners currently express regarding the high price of fuel and its impact on their businesses and the economy.
In this year's Small Business Problems and Priorities, 42 percent of NFIB members said the fuel problem is "critical." NFIB members currently rank the cost of natural gas, propane, gasoline, diesel and fuel oil as their No. 2 business concern; the issue ranked No. 4 in 2004 and No. 10 in 2000.
In addition to opening the Arctic National Wildlife Refuge to oil exploration, NFIB members strongly support suspending the federal gas tax from Memorial Day through Labor Day and reducing the federal diesel tax from 24.3 cents per gallon to 18.3 cents per gallon. NFIB recently argued for a temporary freeze on oil shipments to the Strategic Petroleum Reserve, which was enacted several weeks ago.
Small business applauds court ruling in union case
As you may recall, NFIB argued last session against House Bill 3263 because we believe it would have taken away the right of a Tennessee employer to conduct a mandatory employee meeting to discuss issues related to a union campaign.
Recently, the U.S. Supreme Court ruled against two California statutes that regulated employer communications during union drives. Karen Harned, executive director of NFIB's Small Business Legal Center, said, "The court's decision protected the balance struck by Congress in the National Labor Relations Act between labor and management in regards to non-coercive speech." Read here for more details.
NFIB's Small Business Legal Center continues to play a significant role in court cases important to your small business.
Workers' comp recap
The General Assembly, which is eying another pass at workers' compensation reform in the 2009 session, passed several bills of importance this past session. Gov. Phil Bredesen has signed the five mentioned below.
American Medical Association Guide Bill (SB 2650/HB 2571) – Adopts the sixth edition of AMA Guidelines for impairment ratings to be effective until changed by the General Assembly. The Commissioner of Labor and Workforce Development will renew the new edition, once available, and make recommendations to the General Assembly. The edition in effect on the date an employee is injured is the edition applicable to the claim.
Pool Sponsoring Associations Bill (SB 2944/HB 3400) – Removes the requirement that sponsoring associations submit on at least an annual basis confirmation to the Commissioner of Commerce & Insurance that participants comply with requirements for qualifying as self-insurers.
Panel of Surgeons Bill (SB 3350/HB 3170) – Authorizes an employee to select the "operating surgeon and the attending physician" from the employer's panel, instead of the "operating surgeon or the attending physician."
Omnibus Bill (SB 3791/HB 3436) – Provides time frames within which workers' compensation benefit review conference requests must be filed. It requires any administrator's designee to be a licensed Tennessee attorney with a minimum of five years' experience with Tennessee workers' compensation law. It revises the requirements for the dismissal of a workers' comp claim when the employee fails to appear at the scheduled benefit review conference. It allows all comments from the Worker's Compensation Advisory Council to be heard, including recommendations for or against passage of proposed legislation.
Some opponents of the bill argued this last provision places too much emphasis on the council's recommendations.
Contractors-Sole Proprietors Bill (SB 1748/HB 1645) – Requires sole proprietors and sub-contractors in the construction industry to carry workers' compensation insurance on themselves and employees, regardless of the number of people they employ.
And the winner is...
Earlier this year, we encouraged members to enter the Small Business Works for America You Tube contest. Several weeks ago, NFIB recognized the winners, including nine-year-old Kristin Rieves for her role in a 30-second video promoting small business. Produced by two professors from Florida Community College at Jacksonville, the Small Business Works for America video features the lively Ms. Rieves as an entrepreneur running a lemonade stand. Check out the winning entry on YouTube.
'Hot 100' list deadline July 1
Business Tennessee magazine is accepting nominations for its "Hot 100" list until July 1. The magazine will profile 100 fast growing and emerging Tennessee companies in the November 2008 edition. Aeneas Communications in Jackson and Vireo Systems in Madison were two of several NFIB members that made the 2007 list.
Companies must be Tennessee-based private companies (not a subsidiary of a larger company), at least three years old and growing rapidly. Visit www.businesstn.com to complete a confidential application (click the "Hot 100" logo in the upper right hand corner). Sensitive financial information will be kept confidential upon request.
Small business news you can use
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Sincerely,
Jim Brown
NFIB/Tennessee State Director
615-874-5288
Jim.Brown@NFIB.org
