Executive Officers Reports | Department Reports
During 2011, CMAA provided members, staff and allied organizations with analysis of numerous industry issues. CMAA shared the most current information on pending state and federal legislation and forthcoming regulations through the Legislative Report, the Legislative and Regulatory Summary, Club Connection, Club Management magazine and Chapter Digest. These updates were accompanied by helpful recommendations on the most effective methods for dealing with legislation impacting the club industry.
The top issues for 2011 included:
ADA Changes - On July 26, 2010, during the 20th anniversary celebration of the Americans with Disabilities Act (ADA), President Obama announced the US Department of Justice has issued final regulations revising Title II and III, including the ADA Standards for Accessible Design. In general, these final rules will take effect six months after the date on which they are published in the Federal Register. The Americans with Disabilities Act requires the Department of Justice (the Department) to publish ADA design standards that are consistent with the guidelines published by the US Architectural and Transportation Barriers Compliance Board (Access Board). The Department has adopted revised ADA design standards that include the relevant chapters of the Access Board’s 2004 ADA/ABA Accessibility Guidelines as modified by specific provisions of the Department’s revised rules implementing title II and title III of the ADA. These changes specifically address recreational facilities and include specific requirements for recreational boating facilities; exercise machines and equipment; golf facilities; swimming pools, wading pools and spas; and saunas and steam rooms. Compliance is required as of March 15, 2012.
Health Care Reform and Implementation - CMAA actively monitors all regulations concerning the implementation of the Affordable Care Act. Clubs need to be aware of the employer requirements of the measure and the guidance available. In addition, we are monitoring all of the legal actions regarding the measure as it is challenged in its entirety and in relation to the individual mandate provisions as well as legislative activities to repeal the measure.
H-2B (Guest Worker) Visas - Clubs around the country utilize H-2B workers to fill service positions within their clubs. Recent proposed changes to the program could significantly impact the ability of clubs to use this program. The Department of Labor’s Employment and Training Administration has revised the calculations used to establish wages for H-2B workers. The final rule requires employers to pay a “wage that meets or exceeds the highest of the following: the prevailing wage, the federal minimum wage, the state minimum wage or the local minimum wage.” The prevailing wage is based on the highest of three measures: wages established under a collective bargaining agreement; a wage rate established under the Davis-Bacon Act or the Service Contract Act for the occupation in the area of intended employment; or the average wage rate set by the Occupational Employment Statistics wage survey for that occupation in the specific geographic area. This became effective November 30, 2011.
The US Department of Labor’s Wage and Hour Division has issued a proposed rule to improve the H-2B temporary nonagricultural worker program. The rule would require employers to provide documentation that they have taken appropriate steps to recruit US workers rather than permitting employers to attest to such compliance. The DOL accepted comments on the proposal in May.
New NLRB Poster Requirement - Beginning November 14, 2011, all private sector employers who fall under the National Labor Relations Act (NLRB) will be required to post the 11x17 employee rights notice where other workplace notices are typically posted. This is generally applicable to private clubs whose gross annual volume of business exceeds $500,000. Also, employers who customarily post notices to employees regarding personnel rules or policies on an Internet or intranet site will be required to post the Board’s notice on those sites. Copies of the notice are now available online from the NLRB website. For other questions, please review the NLRB Fact Sheet.
Increased Immigration Enforcement - Discontinued in 2007, the Social Security Administration has announced that distribution of “No Match” letters to employers has resumed (effective April 6, 2011.) These letters are meant to advise employers that their employees are using a social security number that does not coincide with the administration’s records. The 2011 version of these letters list only one employee per letter. Clubs must be prepared for how to handle the receipt and management of this type of notification.
State Immigration Reform - Louisiana, South Carolina and North Carolina have joined the 18 states that now require that employers participate in the federal E-Verify system. In South Carolina, all private employers who are required to complete I-9s for employees must utilize the system while businesses and other organizations in North Carolina with 25 or more employees will be mandated. In Louisiana, employers must use the E-Verify system or face fines and/or business license revocation. With the recent action of the Supreme Court upholding Arizona’s landmark immigration legislation, it is expected that additional states will mandate use of the system.
CMAA’s 2011Leadership/Legislative Conference (LLC) was held September 10-12, 2011, at the Ritz-Carlton Pentagon City in Arlington, VA. The event featured expert presentations on leadership skill building and legislative and regulatory developments. Attendees participated in sessions featuring club industry legal expert Stephen Barth, senior tax authority Kevin F. Reilly, J.D., CPA, and Capitol Hill insider Aranthan “AJ” Jones II.