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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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OSHA Reporting: February and March Deadlines

(OSHA, Regulation) Permanent link

inspection
Annually, clubs are responsible for meeting annual recordkeeping obligations to OSHA. Don’t forget these upcoming February and March requirements.

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DHS Announces 2021 Designated Countries for H-2B Program

(Immigration) Permanent link

flags
The Department of Homeland Security, in cooperation with the Department of State, has announced the list of countries whose residents are eligible to participate in the visa programs in 2021

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Department of Labor Finalizes Independent Contractor Rules

(Dept of Labor) Permanent link

Tennis
On January 6, the Department of Labor (DOL) published a final rule which outlines how clubs and all employers should determine a worker’s status as an employee or an independent contractor. The final rule implements the following criteria...

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Administration Extends Visa Programs Freeze Through March

(Congress, Immigration) Permanent link

freeze
In an executive order issued on December 31, the Trump Administration has extended the freeze on visa programs through March 31, 2021. The freeze was initially implemented by the administration on June 24, 2020, and was set to expire on December 31. Included in the freeze are the programs most used by the club industry to fill seasonal positions including H-2B and most J-1 visas.

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DOL Finalizes Tip Sharing Rules

(Dept of Labor, Regulation) Permanent link

Tips
On December 22, the Department of Labor (DOL) published a final rule adjusting the tip provisions of the Fair Labor Standards Act (FLSA). The DOL began the rulemaking process in October 2019 as a clarification to a policy rider enacted by Congress in the FY2018 Spending Package, passed in March 2018.

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Congress Expands Employee Retention Tax Credit and Other Key Provisions of HR133

(Congress) Permanent link

On December 21, Congress passed HR133, an enormous 5,593-page FY2021 appropriations package, coupled with the second largest COVID-19 stimulus-related package. Read More (Log In Required) 

EEOC Addresses Mandatory Vaccines in the Workplace

(Dept of Labor) Permanent link

Vaccine

On December 16, the US Equal Employment Opportunity Commission (EEOC) updated and expanded its technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.

In the new section, ADA and Title VII Issues Regarding Mandatory Vaccinations, the EEOC first addressed questions about mandatory vaccine employment policy.

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