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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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DOL Proposes New Overtime Rule, Threshold Increases to $35,308

(Regulation) Permanent link

As expected, the Department of Labor (DOL) issued a new proposed overtime rule on Thursday, March 7. The proposed rule proposes a more reasonable increase to the salary threshold while mirroring other portions of the disputed 2016 final rule.

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WOTUS Comment Period Open Through April 15

(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.

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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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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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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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Department of Labor Launches H-2B Compliance Initiative for Hotel & Landscape Industries

(Dept of Labor, Immigration, Regulation) Permanent link

In September, the US Department of Labor's Wage and Hour Division (DOL) announced two nationwide initiatives to strengthen compliance with the labor provisions of the H-2B temporary visa program.  

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Court Overturns Rule Delaying 2015 WOTUS Rule

(Regulation) Permanent link

On August 16, the US District for the District of South Carolina issued a ruling enjoining nationwide the rule that delayed until February 2020 implementation of the 2015 WOTUS Rule. The district court’s decision was based on procedural grounds. The court said the rule’s delay violated the Administrative Procedure Act (APA) because the Environmental Protection Agency and the Army Corps of Engineers did not take comment on the substance of the 2015 WOTUS Rule or the prior regulations that would stay in place during the delay of the 2015 Rule. 

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