‘Tis the Season: Immigration Law Considerations for Club Managers

(External and Governmental Influences, Legislative) Permanent link

12_15_15 PassportAs we approach the New Year, seasonal businesses, including those in the club industry, may find themselves happy to say goodbye to 2015. Why? Because after a year that saw the H-2B seasonal visa be the center of a federal lawsuit, have its processing temporarily suspended, be subjected to a lack of clarity with the process, and unforeseen delays, the industry was rocked again with the issuance of a new Interim Rule that drastically changed the H-2B visa requirements.

The H-2B seasonal visa is the backbone of seasonal businesses’ visa processes. For the club industry, the ability to successfully obtain H-2B seasonal visas can lead to not only the employment of foreign nationals, but also potential year-round employment options and green card sponsorship. Furthermore, because there are jobs in the club industry that would only qualify for H-2B seasonal visas (ex. housekeepers, groundskeepers, servers, etc.), the availability of this visa option is significant to the club industry. Read more...

New EEOC Guidelines – Garb and Grooming in the Workplace

(External and Governmental Influences, Legislative) Permanent link

06_10_14_175wThe Equal Employment Opportunity Commission (EEOC) recently issued two new publications outlining employer prohibitions and responsibilities with respect to religious clothing worn by employees as well as religious “grooming” protections. The new guidelines are derived from current federal law, Title VII of the Civil Rights Act of 1964 (Title VII). 
 
Title VII prohibits an employer from discriminating, denying reasonable accommodations or engaging in workplace segregation based on customer preferences or the employer’s image or marketing strategy. more...

 

Managerial Exemption And Class Actions

(Legislative) Permanent link

10_15_13_175wOn March 20, 2013 a California Appellate court reinforced the fact that employees who attempt to certify class claims of “misclassification” of exempt employees (and related meal- and rest-period claims) face an uphill battle. William Dailey v. Sears, Roebuck and Company.
 
 Background

Sears operates several auto centers throughout the San Diego area. more...

Curbing Abuse of “Intermittent” FMLA Leave – Part 2

(Human Resources, Legislative) Permanent link

07_18_13_175wOn Tuesday, I covered four of the eight best strategies for getting a handle on intermittent Family Medical Leave Act (FMLA) leaves.

As a review, FMLA allows employees to take 12 weeks of leave for their own or a family member’s serious health condition and up to 26 weeks for military caregiver leave. The leave can be taken in one block, over several stretches of time or intermittently. more...

Curbing Abuse of “Intermittent” FMLA Leave – Part 1

(Human Resources, Legislative) Permanent link

07_16_13_175wThe Family Medical Leave Act (FMLA) allows employees to take 12 weeks of leave for their, or a family member’s, serious health condition and up to 26 weeks for military caregiver leave. The leave can be taken in one block, over several stretches of time, or intermittently. To take intermittent leave, the employee need only provide a certification that there is a medical need for such leave.   more...  

Name, Rank and Serial Number What You Should and Should Not Disclose When Providing References?

(Legislative) Permanent link

3_19_2013_175wTrue or false: When asked to give a reference for a terminated employee, you should provide only the person’s name, dates of employment and, if asked, salary level? True. Furnish just about any other information and – assuming it’s negative – the former employee could sue your company for, among other things, defamation.  more... 

 

It’s Time to Take Form I-9 Compliance Seriously / Protect Your Assets

(Human Resources, Legislative) Permanent link

11.27.12 - 175wSince its introduction in November 1986, the government has focused on education:  helping employers understand the Form I-9 and how to complete it. Soon after,  the government began conducting high-profile raids on employers. Usually associated with extremely serious violations these raids received a lot of attention. Yet, most club managers were not concerned about these raids as these infractions were not the kind of issues that pertained to clubs. Now, you may be wondering whether or not enforcement has stopped since the last major raid more than three years ago.

The truth is, the government has been quite active: quietly auditing and finding "good," but not fully compliant employers   more...

Background Checks: There's An App For That

(Legislative, Human Resources, Human Resources, Legislative) Permanent link

Apr17_2012_175w But Are You Using It Correctly?

In January of this year, the Federal Trade Commission (FTC) issued a warning to three companies that sell mobile applications (apps) which provide background reports, including criminal record reports. The issues are whether those apps and reports are covered by the Fair Credit Reporting Act (FCRA), and whether the providers and their customers – that would be you – are complying with the FCRA's requirements. more...

 

This information is provided for informational purposes only. The contents are presented with no warranty, either expressed or implied by the Club Managers Association of America. No legal responsibility is assumed for the outcome of decisions, commitments or obligations made on the basis of this information. If your club is faced with a question concerning legal issues, you should contact the club’s legal counsel for the specific application of the law to your situation.