advertisement
commercial

OSHA Proposes New December 1 Deadline for Electronic Reporting Requirements

CMAA Legislative Report Blog - 12 July 2017
For clubs with 250 or more employees, the first reporting deadline for the updated OSHA reporting requirements was slated to be July 1, 2017.

EPA and Department of the Army Propose Rule to Rescind WOTUS

CMAA Legislative Report Blog - 28 June 2017
On June 27, the Environmental Protection Agency (EPA) and Department of the Army (Corps) issued notice of the forthcoming publication of their proposed rule to repeal the 2015 Waters of the US (WOTUS) rule. The proposed rule will be published in the Federal Register in the next few days.
commercial

DOL Withdraws Independent Contractor Guidance

CMAA Legislative Report Blog - 12 June 2017
On Wednesday, June 7, Department of Labor (DOL) Secretary Alexander Acosta announced the withdrawal of the independent contractor guidance first issued in July 2015.  The July 2015 guidance offered an expanded application of the multi factor

Risk Management Update - Drones and the Club Industry

CMAA Legislative Report Blog - 23 May 2017
As clubs continue to seek new ways to market their products and amenities, and to gain efficiency in the services they provide, more and more they are relying on innovative technologies such as drones. Drones or Unmanned Aerial Vehicles (UAVs) have gained in popularity in a variety of industries over the past several years and have developed some very useful applications for the club industry.
commercial

Handling the Upcoming July 1 OSHA Reporting Deadline

CMAA Legislative Report Blog - 17 May 2017
For clubs with 250 or more employees, the first reporting deadline for the updated OSHA reporting requirements is coming up on July 1, 2017. Under the final rule published in May 2016, businesses with 250 or more employees will now be required to electronically report injury and illness information to OSHA. This is the type of information that is currently maintained on OSHA Forms 300, 300A and 301.
commercial

Passes Health Care Overhaul Repealing Employer Mandate

CMAA Legislative Report Blog - 8 May 2017
On Thursday, May 4, the House of Representatives passed HR 1628, the American Health Care Act (AHCA) of 2017 by a vote of 217 to 213. This measure eliminates several of the unpopular tax provisions of the Affordable Care Act (ACA) including the individual mandate penalties to have insurance and the employer mandate.

Congress Expands H-2B Availability Through FY2017 Spending Package

CMAA Legislative Report Blog - 5 May 2017
The FY2017 spending package will provide much-needed relief to clubs and other seasonal employers who rely on H-2B visas to fill peak season jobs at their businesses. A provision included in the measure would give the Department of Homeland Security the authority to adjust the annual limit of 66,000 visas. The increase would be limited to no more than the maximum number of visas issued in years when the returning worker exemption was in effect. It is estimated the new cap could be approximately 84,000.

House Passes Bill to Alter Overtime

CMAA Legislative Report Blog - 5 May 2017
On Tuesday, May 2, the US House of Representatives passed HR 1180, the “Working Families Flexibility Act of 2017.” The measure amends the Fair Labor Standards Act (FLSA) to allow private employers, including clubs, to utilize compensatory time in lieu of providing overtime pay.

Supreme Court Declines to Halt WOTUS Consideration

CMAA Legislative Report Blog - 4 April 2017
On Monday, April 3, the Supreme Court declined a request by the Trump Administration to delay consideration in the National Association of Manufacturers vs. the Department of Defense. This case is not specific to the merits of the Waters of the US (WOTUS) rule but instead addresses the issue of jurisdiction, specifically which courts should hear challenges to the Clean Water Act. The Trump Administration requested a delay in consideration due to its recent executive order to the Environmental Protection Agency to proceed with rescinding and/or revising the Waters of the US (WOTUS) rule through the regulatory process.
commercial

Senators Ask for Audit as H-2B Cap Looms

CMAA Legislative Report Blog - 10 March 2017
US Senators Mark Warner (D-VA), Thom Tillis (R-NC) and a bipartisan group of 29 senators have requested an audit to determine the number of unused visas during the first half of FY2017. The Senators sent a letter to Secretary of Homeland Security John Kelly, outlining concerns that the second half of FY2017 H-2B visa statutory cap will be reached soon. They requested that any unused visas be made available immediately. Previous audits of this nature have discovered unused visas.

President Issues Executive Order on WOTUS

CMAA Legislative Report Blog - 28 February 2017
On Tuesday, February 28, President Donald Trump issued an Executive Order (EO) directing the Environmental Protection Agency to proceed with rescinding or revising the Waters of the US (WOTUS) rule through the regulatory process. In the EO, the President directs that the new rule should respect the roles of Congress and the states, and cites the previous 2006 legal opinion of Justice Antonin Scalia in Rapanos v. United States as a starting point.

H-2B Visa Cap Met for First Half of FY2017

CMAA Legislative Report Blog - 19 January 2017
On January 10, US Citizenship and Immigration Services (USCIS) announced that the H-2B visa cap for the first half of the 2017 fiscal year had been reached. Currently, the H-2B visa cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the first half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the second half of the fiscal year (April 1 - September 30). Any unused visas from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. However, there is no carry over to the next fiscal year.

Regulations Under the Microscope

CMAA Legislative Report Blog - 13 January 2017
It is a new session of Congress and a new Presidential administration. What does that mean for the major issues affecting the club industry? Here’s a brief overview of what we might expect to see during the transition on three of the industry’s top federal issues.

OSHA Clarifies Employer's Recordkeeping Obligations in New Rule

CMAA Legislative Report Blog - 20 December 2016
On Monday, December 19, the Occupational Safety and Health Administration (OSHA) issued a final rule designed to clarify an employer's continuing obligation to make and maintain an accurate record of each recordable injury and illness. The final rule does not add any new compliance obligations for employers or change any existing reporting requirements. The final rule is slated to become effective January 18, 2017.

Keep Your Employees Safe This Winter

CMAA Legislative Report Blog - 20 December 2016
Cold weather came early this year and many parts of the country have already experienced snow, ice and freezing rain. Despite the outside conditions, many club employees have to get their jobs done. Take time to remind your employees about cold weather hazards. Working in cold weather can be just as dangerous as working in excessively warm weather. Use these OSHA training resources to keep your employees safe this winter.

Congress Allows H-2B Visa Returning Worker Exemption to Expire

CMAA Legislative Report Blog - 14 December 2016
On Friday, December 9, Congress passed its second continuing resolution of the year, extending short-term government funding through April 28, 2017. Unfortunately, for clubs who currently use H-2B visa workers, Congress did not include what is known as the “returning worker” provision.

USCIS Updates Form I-9

CMAA Legislative Report Blog - 14 November 2016
In an effort to reduce errors and enhance online form completion, US Citizenship and Immigration Services (USCIS) has published a revised version of Form I-9, the Employment Eligibility Verification. All employers need to begin using the new version, dated November 14, 2016, no later than January 22, 2017. Until that date, employers may continue to use the form dated March 8, 2013.

OSHA Anti-Retaliation Regulations Are Now In Effect

CMAA Legislative Report Blog - 4 November 2016
As we reported in May, OSHA has instituted new anti-retaliation protection provisions in conjunction with new reporting requirements. The rule prohibits all employers from discouraging workers from reporting a work-related injury or illness. The final rules regarding anti-retaliation were originally slated to become effective August 10, but were delayed until November 1, 2016, in an effort by OSHA to provide more compliance information to employers.

Overtime Litigants Ask for Expedited Review

CMAA Legislative Report Blog - 26 October 2016
In September, two separate challenges were filed against the Department of Labor’s overtime rules. In the first challenge, 21 states have joined together to object to the rule, based on its impact on state funds and budgets. In a separate action, the US Chamber of Commerce and more than 50 other national and Texas business groups challenged the rule for violating the Administrative Procedure Act. On October 12 and 14 respectively, attorneys for both litigants filed motions for expedited summary judgement in the cases. In layman’s terms, this means that they are requesting a verdict from the judge without the benefit of a full trial.

Understanding Worker Misclassification and Independent Contractors

CMAA Legislative Report Blog - 22 September 2016
Given the current changes to the overtime regulations, businesses may be considering how reclassifying employers to independent contractors could ease the costs of compliance. However, in 2015, long before the Wage and Hour Division Department of Labor (DOL) finalized the new overtime rules, it issued new guidance on the misclassification of workers focusing on the application of the Fair Labor Standards Act (FLSA) and the multi-factor “economic realities” test.

Litigation Filed to Stop Overtime Rules

CMAA Legislative Report Blog - 22 September 2016
On Wednesday, September 20, two separate cases were filed to stop the implementation of the final overtime rule changes. Twenty-one states have joined together to file suit against the Department of Labor. In their challenge, they argue that the DOL erred by elevating the salary threshold over the duties test in defining an exempt vs. non-exempt employee. The states also take umbrage at the automatic update provision which do not take into account the effects on the public and private sectors. Finally, the challenge asserts the DOL exceeded its constitutional authorization by forcing states to adhere to federal regulation which results in the depletion of state funds. The 21 states are Alabama, Arizona, Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, New Mexico, Ohio, Oklahoma, South Carolina, Texas, Utah and Wisconsin.

Overtime Rules FAQs

CMAA Legislative Report Blog - 31 August 2016
The final rules have been announced, and there are major changes to the overtime regulations under the Fair Labor Standards Act, beginning December 1, 2016. Find out what is in the final rules, the expected impact to the industry and how your club will need to comply. Since the announcement, CMAA has been flooded with questions from members across the country. CMAA has compiled answers to your top questions on the new rules and provided general information based on published DOL guidance.

OSHA Anti-Retaliation Protection Regulations On Hold Until November 1

CMAA Legislative Report Blog - 26 July 2016
In May, OSHA announced new anti-retaliation protection provisions in conjunction with new reporting requirements. The rule prohibits all employers from discouraging workers from reporting a work-related injury or illness. Under the rules: Employers must inform employees of their right to report injuries and illnesses without fear of retaliation. OSHA defines retaliation as “termination, reduction in pay, reassignment to a less desirable position, or any other adverse action.” Clubs should be posting OSHA "It's The Law" worker rights poster (edition April 2015 or later). Employers also must establish a reporting procedure that does not deter or discourage an employee from reporting work-related injuries and illnesses. These should not be cumbersome or burdensome to the employee. Lastly, the rule clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable, and cannot in anyway deter or discourage employees from reporting such instances. The rule also delved into workplace safety incentive programs and how these should be an area of concern if they have the effect of dissuading the reporting of injuries and illnesses.

New Bill Would Phase in New Overtime Rules

CMAA Legislative Report Blog - 15 July 2016
On Thursday, July 14, legislation was introduced in the House of Representatives to amend the implementation of the final overtime rule changes. The legislation, HR5813 - The Overtime Reform and Enhancement Act, would not alter the final rule but instead institute a more reasonable phased-in approach to the increase to the exempt salary threshold. Beginning in December, the salary threshold would increase by 50 percent and future increases would phase in the remainder over three years.

EEOC Issues Final Rules and Sample Notices on Wellness Programs

CMAA Legislative Report Blog - 22 June 2016
In late May, the US Equal Employment Opportunity Commission (EEOC) published new final rules under the Americans with Disabilities Act (ADA) governing employer-sponsored wellness programs. Under the final rule, employer wellness programs that ask employees about their medical conditions or ask employees to submit to medical examinations (such as tests which screen for high blood pressure, high cholesterol or diabetes) must be “reasonably designed” to promote health and prevent disease, be “voluntary” and safeguard the confidentiality of employees’ medical information.

Expanding the Advocacy Resources

CMAA Legislative Report Blog - 8 June 2016
Clubindustryvotes.org, CMAA’s Grassroots Advocacy website, has relaunched with expanded information and abilities. The new site adds dynamic state-level information with tracked legislation and legislators.

Newletter

Thank you for subscribing. Your email address has been added to our mailing list.
Close
To subscribe to the Club Bytes Newsletter please enter your email address below.
An error occured, please check your input and try again.
CancelSubscribe