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Buyers Guide Accelerate

Labor and Immigration Issues

Overtime Rules Regulation
The Overtime Rule, which will take effect Dec. 1, significantly increases the minimum salary level for salaried employees to qualify as exempt from overtime pay requirements. The rule now sets the minimum salary level for salaried employees at $47,476, up from the previous $23,660. This rule will have a dramatic effect on the golf industry. Positions may include assistant golf professionals, food and beverage managers, assistant golf superintendents, and other operational supervisors. Read more

Fluctuating Workweek Overtime
Fluctuating workweek (FWW) overtime pay is one way to comply with overtime requirements when an employee’s time fluctuates from week to week. Employers whose employees work a lot of hours part of the year and very little hours a week another part of the year typically employ it. Obviously, golf courses are an ideal candidate to use this strategy. Read more

Use of Independent Contractors May Not Work
Many businesses are looking at bypassing some of the challenges created by the Department of Labor’s (DOL) Overtime Rule by moving to the use of Independent Contractors. Some of these include, but are not limited to, golf professionals and assistants, tennis professionals and assistants, and even some maintenance positions. Read more

The STARS Act amends the Internal Revenue Code to exempt seasonal employees from the definition of "full-time employee" for purposes of the employer mandate to provide employees with minimum essential health care coverage. Defines "seasonal employee" as an employee who is employed in a position for which the customary annual employment is not more than six months and which requires performing labor or services that are ordinarily performed at certain seasons or periods of the year. Read more

H2B Visa
The H2-B Visa program is a temporary work permit for foreign workers with a job offer for seasonal, non-agricultural work in the U.S. It is open to nationals of countries designated by the United States Secretary of Homeland Security and is capped at 66,000 visas per year (from Oct. 1 through Sept. 30).The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years and prove that there are no unemployed US workers willing or able to do the work. Read more


Persuader Rule
The Department of Labor (DOL) published the long-awaited final union “Persuader Rule,” which significantly expands the public reporting requirements of employers and their consultants (including attorneys) with respect to a wide range of activities falling under the general heading of union avoidance. Under the new rule, detailed disclosures must be made to the DOL regarding any agreements or arrangements that involve activities intended to persuade employees in the exercise of their organizing or collective bargaining rights—even if such activities do not include direct communication with the employees. Read more


EEOC Reporting
The Equal Employment Opportunity Commission (EEOC) announced plans to require employers with more than 100 employees submit compensation data to the EEOC beginning in 2017. They have proposed a new EEO-1 Form which will collect pay data by race/ethnicity and gender. The revised report will retain the existing 10 job categories (e.g. Executive and Senior-Level Officials and Managers. First/Mid-Level Officials and Managers, Professionals, Technicians, Sales Workers, Administrative Support Workers, Craft Workers, Operatives, Laborers and Helpers and Service Workers). Read more


Working Families Flexibility Act
On May 2, 2017, the US House passed a H.R. 1180 - Working Families Flexibility Act of 2017. The bill allows employees to receive paid time off (PTO) vice overtime pay for hours worked over 40 hours. This program is limited to private employers whose employees are not under a union agreement. The Senate has a similar bill, S. 801 and is expected to bring up for debate later this summer. The Trump administration has identified they are in support of this legislation. If passed there are new tracking requirements placed on the employer to ensure compliance. Read more

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