Lancet Jades
07-02-2004, 05:06 PM
State goofs, revives old blue laws
Repeal failed to remove original law from books
By Jennie Coughlin and Cindy Corell
Staff Writers
Come Thursday, Virginia businesses are scheduled to fall back under the regulation of "blue laws" that originally were set aside in the 1980s.
Under those laws, employers couldn't force employees to work on Sundays, and non-management workers would be required to take one day off a week, according to the state Chamber of Commerce.
"This is bad news, and we don't completely know what will happen," said Keith Cheatham, director of government affairs for the Virginia Chamber of Commerce.
The problem came about because state legislators attempting finally to remove the old laws from the books goofed, only completing half the job. They left the actual laws, but repealed later amendments that nullified the law and others that listed businesses and government agencies that were exempt.
State Sen. Fred Quayle, R-Chesapeake, sponsored the clean-up bill. Now chamber officials are scrambling to let businesses know what will happen, although they have hope that Gov. Mark Warner will figure out a way out by Thursday.
State chamber officials realized only last week that Quayle's bill was flawed.
The sections still on the books require employers to provide 24 consecutive hours off to each employee in a calendar week, allow all non-managerial employees the right to have Sunday as their day of rest, and allow an employee to use Saturday as the day off if it's their Sabbath. Cheatham said unless they hear otherwise, they assume all businesses have to abide by those sections still on the books.
Pam Reynolds, manager of Reynolds Funeral Service in Waynesboro, said the laws would seriously impact her business.
"I can't imagine how we would do that," she said. "People die seven days a week. We respond in shifts. If we get a call, we have to go."
The state chamber sent a notice to all local chambers of commerce on Thursday. The Harrisonburg-Rockingham County Chamber of Commerce sent an e-mail alert Friday afternoon.
Ben Carter, executive director of the Greater Augusta County Chamber of Commerce, said he would include the notice in his Monday Morning Memo next week.
"They were doing something good," Carter said of the legislators, "but as is the case many times, they voted on something completely different."
Rob Field, senior staff attorney for the state Department of Labor and Industry, said his department will enforce the changes in the law, but won't go looking for violators.
"Most of our laws are enforced based on complaints," he said. "We don't have the staff to go out and do spot checks on things like this."
Field said employees aren't forced to take Sundays off under the law, but they can't be required to work Sundays either.
Del. Ben Cline, R-Amherst, said he didn't want to comment on the impact until he had heard Attorney General Jerry Kilgore's opinion of the changes.
"Any changes in the actual day-to-day operations of businesses in the Commonwealth would be contrary to the intent of legislation we created this session," Cline said.
But Cheatham said the impact across the Commonwealth could have a significant impact on the economy, since many businesses are open on Sundays and have been for years.
"This bill is the poster child for actions with unintended consequences," he said.
Warner's press secretary Ellen Qualls said she was still waiting to hear back from the Department of Labor and Industry and wouldn't have a comment until she did. "I don't know if we're going to be able to comment on it tonight," she said Friday. Quayle did not return phone calls
Repeal failed to remove original law from books
By Jennie Coughlin and Cindy Corell
Staff Writers
Come Thursday, Virginia businesses are scheduled to fall back under the regulation of "blue laws" that originally were set aside in the 1980s.
Under those laws, employers couldn't force employees to work on Sundays, and non-management workers would be required to take one day off a week, according to the state Chamber of Commerce.
"This is bad news, and we don't completely know what will happen," said Keith Cheatham, director of government affairs for the Virginia Chamber of Commerce.
The problem came about because state legislators attempting finally to remove the old laws from the books goofed, only completing half the job. They left the actual laws, but repealed later amendments that nullified the law and others that listed businesses and government agencies that were exempt.
State Sen. Fred Quayle, R-Chesapeake, sponsored the clean-up bill. Now chamber officials are scrambling to let businesses know what will happen, although they have hope that Gov. Mark Warner will figure out a way out by Thursday.
State chamber officials realized only last week that Quayle's bill was flawed.
The sections still on the books require employers to provide 24 consecutive hours off to each employee in a calendar week, allow all non-managerial employees the right to have Sunday as their day of rest, and allow an employee to use Saturday as the day off if it's their Sabbath. Cheatham said unless they hear otherwise, they assume all businesses have to abide by those sections still on the books.
Pam Reynolds, manager of Reynolds Funeral Service in Waynesboro, said the laws would seriously impact her business.
"I can't imagine how we would do that," she said. "People die seven days a week. We respond in shifts. If we get a call, we have to go."
The state chamber sent a notice to all local chambers of commerce on Thursday. The Harrisonburg-Rockingham County Chamber of Commerce sent an e-mail alert Friday afternoon.
Ben Carter, executive director of the Greater Augusta County Chamber of Commerce, said he would include the notice in his Monday Morning Memo next week.
"They were doing something good," Carter said of the legislators, "but as is the case many times, they voted on something completely different."
Rob Field, senior staff attorney for the state Department of Labor and Industry, said his department will enforce the changes in the law, but won't go looking for violators.
"Most of our laws are enforced based on complaints," he said. "We don't have the staff to go out and do spot checks on things like this."
Field said employees aren't forced to take Sundays off under the law, but they can't be required to work Sundays either.
Del. Ben Cline, R-Amherst, said he didn't want to comment on the impact until he had heard Attorney General Jerry Kilgore's opinion of the changes.
"Any changes in the actual day-to-day operations of businesses in the Commonwealth would be contrary to the intent of legislation we created this session," Cline said.
But Cheatham said the impact across the Commonwealth could have a significant impact on the economy, since many businesses are open on Sundays and have been for years.
"This bill is the poster child for actions with unintended consequences," he said.
Warner's press secretary Ellen Qualls said she was still waiting to hear back from the Department of Labor and Industry and wouldn't have a comment until she did. "I don't know if we're going to be able to comment on it tonight," she said Friday. Quayle did not return phone calls