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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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Court Overturns Overtime Rule

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On Thursday, August 31, United States District Judge Amos Mazzant of the United States District Court for the Eastern District of Texas issued a final ruling, overturning the Department of Labor’s (DOL) 2016 overtime rule. Read more... (Login required).


Additional H-2B Visas Exhausted for FY2017

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The additional 15,000 H-2B visas made available in July for FY2017 have been exhausted. Read more... (Login required).


DOL Solicits Feedback on the Overtime Rules

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On July 26, 2017 the Department of Labor published a Request for Information (RFI), specifically seeking feedback on the overtime rules. Read more... (Login required).

More H-2B Visas Available for FY2017

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The Department of Homeland Security (DHS) and Department of Labor (DOL) have announced the availability of an additional 15,000 H-2B visas for fiscal year (FY) 2017.  Read more... (Login required).


OSHA Proposes New December 1 Deadline for Electronic Reporting Requirements

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For clubs with 250 or more employees, the first reporting deadline for the updated OSHA reporting requirements was slated to be July 1, 2017.  Read more... (Login required).

 

EPA and Department of the Army Propose Rule to Rescind WOTUS

(Regulation) Permanent link

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. 

This is the official next step in the regulatory rulemaking process following the February 28 Executive Order from President Trump. In the EO, the President directed to the EPA to proceed with rescinding or revising the WOTUS rule through the regulatory process and that the new rule should respect the roles of Congress and the states. 

The rulemaking is the first of a two-step process: 

  1. In step one, the EPA and Corps are rescinding and recodifying the 2015 WOTUS rule. This is not a change because 2015 rule is currently stayed by the Sixth Circuit, so the pre-2015 rules remain in effect. This is an interim step to provide “regulatory continuity and clarity” until they complete a second rulemaking process.

  2. In step two, the EPA and Corps will conduct a “substantial re-evaluation of the definition” of WOTUS.

Interested parties now have 30 days to comment on the proposed rule, specifically “whether it is desirable and appropriate to re-codify the status quo as an interim first step pending a substantive rulemaking… and the best way to accomplish it.” The public notice does not seek comment on the merits of the 2015 WOTUS rule.

Judge Cites Club’s Private Club Status in ADA Ruling

(Legal Issues) Permanent link

A US District Court judge has ruled in favor of the club in the case of Lobel v. Woodland Golf Club of Newton, MA, citing the club’s exemption from the Americans with Disabilities Act (ADA). 

In 2015, Bob Lobel, a guest visiting Woodland Golf Club, filed suit against the club for violating the ADA after he was denied the ability to drive his single-rider golf car onto the club’s putting greens. In filings, Lobel’s attorneys argued that the club was subject to the ADA as a place of public accommodation. 

In the May 2017 ruling, US District Court Judge Dennis Saylor stated that the club was not subject to the ADA as it met “all the basic characteristics of a private club, including genuine selectivity of membership and exclusion of non-members from regular or indiscriminate use of its facilities.” 

Bona fide private clubs that are open to only members and their guests, do not regularly hold public events and are tax-exempt under the Internal Revenue Service’s 501(c)(7) code are exempt from ADA regulations. 

In addition, as this case proves, any club, no matter what its status, can be subject to litigation over the issue of exemption, whether or not the club ultimately prevails on that issue. For more information on the ADA and Private Clubs, visit http://cmaa.org/template.aspx?id=20420

It is likely the case is not yet settled as it is subject to appeal.