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 rated issues in 2011 for clubs are listed below.
The National Labor Relations Board’s Efforts to Help Labor Unions
The NLRB's new "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.
The Department of Homeland Security (DHS) has made it clear that it no longer wants to pursue illegal aliens, but rather the employers who hire them. While that is a good sentiment, the prospect of unsuspecting clubs being targeted for unintentionally hiring undocumented workers is a real concern. One way to avoid this issue is for clubs to enroll in the E-Verify Program. Legislation introduced in both the House and Senate may make this a requirement for clubs in the very near future. NCA supports such legislation as a way to protect clubs from mistakenly hiring illegal aliens. Read more.
Natural Disaster Relief Legislation
In response to the devastating storms, tornados and floods that took place in the Southeastern U.S., legislation has been filed that would provide tax breaks for businesses that rebuild. Unfortunately, golf and country clubs are specifically excluded from receiving these tax breaks. While many private clubs are tax exempt and would be unable to use these tax breaks, the fact that golf is excluded from receiving these benefits is unjust and unacceptable--and NCA is working to remove this exclusion once and for all. Read more.
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 Washington. Read more.
After more than one year on the books, the Patient Protection and Affordable Care Act still presents many problems for private clubs. Under this new law, many private clubs will have administrative and paperwork requirements that will take extra time. Aside from this type of additional “busy work,” there will be other more significant and complex issues that private clubs will have to deal with as this measure takes full effect over the next few years. Indeed, the new law may well change the way many clubs interact with their employees and members for years to come. Read more.
Regulatory Flexibility Improvements Act of 2011
NCA and its allies urge Congress to pass bill HR 527 that reforms the way regulations are issued on small businesses like clubs.Read more.
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 agancies. Read more.
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. Recent 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.
