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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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What You Need to Know About the Shutdown(1)

(Congress, Dept of Labor, OSHA, IRS, Regulation) Permanent link

The partial federal government shut down officially began on at 12:00 p.m. midnight on December 22. More than 800,000 workers have been furloughed nationwide. While some operations like national security are deemed necessities, nine of fifteen regulatory agencies are closed until further notice.

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H-2B Visa Cap Met for First Half of FY2019

(Congress, Immigration) Permanent link

On December 11, US Citizenship and Immigration Services (USCIS) announced that the H-2B visa cap for the first half of the 2018 fiscal year had been reached. The final receipt date was Thursday, December 6. This is approximately three weeks earlier than the cap was hit in FY2018.

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EPA Proposes New Waters of the US Rule

(Regulation) Permanent link

On December 11, 2018, the Environmental Protection Agency and the Department of the Army proposed a revised definition of the waters of the United States (WOTUS) that clarifies federal authority under the Clean Water Act. The proposed rule is designed to provide clarity, predictability, and consistency so that the regulated community can easily understand where the Clean Water Act applies—and where it does not. 

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Proposed Recruitment Change for H-2B Visas

(Congress, Immigration) Permanent link

Jobs Section

On November 9, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly proposed a rule to modernize the recruitment provisions employers seeking H-2B nonimmigrant workers must conduct when applying for a temporary labor certification.

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DOL Plans on Tip Pools, Overtime, and OSHA Recordkeeping

(Dept of Labor, OSHA) Permanent link

The Department of Labor (DOL) issued its fall regulatory agenda and there are several items of interest to the club industry

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OSHA Clarifies Position on Safety Incentive Programs and Drug Testing

 Permanent link

On October 11, OSHA issued a memorandum clarifying its position on prohibitions workplace safety incentive programs or post-incident drug testing. It referenced the 2016 rule on anti-retaliation protection provisions.

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Four Additional States Enjoined from 2015 WOTUS Rule

(Regulation) Permanent link

Iowa, Louisiana, Mississippi, and Texas have joined the list of states where the 2015 Waters of the US (WOTUS) rule is not in effect. Existing stays exist from separate litigation in two district courts in North Dakota and Georgia previously enjoined the rule in 24 states (Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, South Carolina, South Dakota, Utah, Wisconsin, West Virginia, and Wyoming).  

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