The Legislative Report blog provides timely information on federal and state legislation and regulations and state trends as well as the myriad issues affecting the private club industry. A companion to CMAA's Legislative website, this resource should be your first stop for any information regarding legal, tax or legislative club-specific issues.

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Judge Blocks EPA’s Clean Water Act (Waters of the US Rule) in 13 States

(Regulation) Permanent link

On Thursday, August 27, Judge Ralph Erickson of the US District Court for North Dakota approved a motion preventing the implementation of the Clean Water Act (previously known as the Waters of the US Rule) citing "irreparable harm." The motion prevents the regulation from becoming effective in 13 states. The rule was slated to become effective in all 50 states on Friday, August 28.

The specific 13 states are Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.

Following the ruling, the Environmental Protection Agency issued a statement that the rule will still be effective in the remaining 37 states.

Two other legal challenges have been unsuccessful in preventing implementation of the rule. In US District Courts in both West Virginia and Georgia, the judges dismissed similar cases, citing lack of jurisdiction.

For clubs in these 13 states, the ruling means a reprieve from the regulations which would severely limit their actions in and around the waters deemed as federally protected.

DOL Issues New Guidance on Worker Classification

(Dept of Labor) Permanent link

7_21_15On July 15, the Wage and Hour Division of the Department of Labor (DOL) 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. This test explores whether an employee is economically dependent upon the employer through six questions: Read more...

Opposition Mounts for the EPA’s Clean Water Act (Waters of the US Rule)

(Congress, Regulation) Permanent link

01_24_14Opposition to the Environmental Protection Agency’s (EPA) Clean Water Act (CWA), previously known as the Waters of the US rule, continues to grow. The final rule was published in the Federal Register on June 29, and becomes enforceable in late August.

The Senate
This week, the Senate Environment and Public Works Committee asserted pressure on the EPA to substantiate its actions and provide legal justification for the CWA rule. In June, the same committee approved S.1140, the Federal Water Quality Protection Act. Read more...

Medical Marijuana and the Workplace

(Congress, Legal Issues) Permanent link

07.13.15At present, 23 states and the District of Columbia have legalized the use of medical marijuana. So what does that mean for employers? If an employee legally uses the drug in off-duty hours, what impact does that have? What about employers with mandatory drug testing? What about recreational use of marijuana in these states?

The Colorado Supreme Court recently ruled that a company was "lawful" in firing an employee who was using medical marijuana. Read more...

DOL Releases Proposed Overtime Regulations, Major Increase in Threshold

(Dept of Labor) Permanent link

7_2_15The Department of Labor (DOL) has announced a proposed rule to change the existing overtime regulations under the Fair Labor Standards Act. The last updates to the DOL’s overtime regulations occurred in 2004.  Read more...

Senate Committee Approves Measure to Require Withdrawal of EPA’s Waters of the US Rule

(Congress, Regulation) Permanent link

6_17_15On Wednesday, June 10, the Senate Environment and Public Works Committee approved S.1140, the Federal Water Quality Protection Act.  Read more...

H-2B Cap Met Again for FY2015

(Legal Issues, Dept of Labor, Immigration) Permanent link

The United States Citizenship and Immigration Services (USCIS) announced that it has again met the congressionally mandated limit of H-2B visa applications for the remainder of Fiscal Year 2015. Read more...