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Issues Facing Private Clubs

NCA keeps you up to date on what you need to know

For 50 years, NCA has been the only Washington, D.C.-based trade association whose focus is lobbying Congress specifically for the benefit of private clubs and our industry. NCA monitors the legislative progress for any bill that might affect private clubs and our industry. When bills are first introduced, we send alerts to our members with insight and analysis on the impact a bill will have on their clubs. Through grassroots mobilization, we then attempt to stop damaging legislation before it is enacted or demonstrate our support for legislation that would help our industry.

We also advocate on behalf of our members in court cases and legal issues across the country. Drawing on the expertise of our in-house counsel and attorneys serving on NCA’s board of directors, NCA stands ready to tackle the most difficult legal issues facing private clubs.

Some of the top issues for clubs are listed below. 

"Waters of the United States"

In April 2014, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers jointly released a proposed rule to revise the definition of a “waters of the United States” (WOTUS) for all CWA programs. The definitional changes contained in the rule would significantly expand federal control of land and water resources in the U.S., triggering substantial additional permitting and regulatory requirements. The WAC is focused on overturning the WOTUS rule as currently proposed. Read more.

The National Labor Relations Board’s Efforts to Help Labor Unions

New NLRB “Poster” Rule Effective January 31, 2012: When the Employee Free Choice Act (Card Check bill) failed to gain legislative approval, the leaders of the country’s labor unions began calling for the National Labor Relations Board (NLRB) and the Department of Labor to enact regulations that would serve the same purposes as Card Check – to ease the process for unions to organize in private clubs.  So far, the unions have gotten their wish. Read more.

H-2B Visa Program

In many instances, employers seeking to hire workers for their high-season turn to the federal government’s H-2B visa program. This temporary worker program allows many NCA members to hire foreign workers to handle peak demands. Unfortunately, there has been concerted effort in the Department of Labor to minimize this program's effectiveness. NCA, as an executive committee member of the H-2B workforce coalition, has tried to ensure the needs of our industry have been met but the struggle continues.  Send a message to your leaders in WashingtonRead more.

The Health Care Reform Law

With the start of 2013, the private club industry has less than 12 months to prepare for the full implementation of the Patient Protection and Affordable Care Act (ACA). In an effort to ensure our member clubs are fully informed regarding their responsibilities under the law, NCA will periodically provide Alerts to keep you abreast of your upcoming obligations. To that end, we want you to be aware of some immediate action your club should be taking right now. Read more.

Challenges to Private Status

Private clubs across the country must take a long look at how they run their facilities to ensure they do not find themselves facing challenges to their private status. Cases in Washington state, Arizona and New York highlight how tricky this issue is and how clubs can be attacked.  To avoid these types of problems, it is imperative that clubs review their activities to ensure their actions cannot lead to a claim that they are a place of public accommodation and not a truly private facility. Read more.

FTC Red Flags Rule

With identity theft on the rise, the Federal Trade Commission now requires some small businesses to create Identity Theft Prevention Plans to help ensure their members’ identities are not stole through purchases at the club.  New legislation excludes private clubs from complying with the FTC's rule unless they use credit reports or consumer credit reporting agencies. Read more.

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