Our in-house legal staff is familiar with legal concerns and situations you may encounter at your club. With access to industry-specific laws and previous case rulings, NCA is able to provide information to help you move forward and avoid unnecessary pitfalls.
H-2B Visa Reimbursement Decision
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. When using this program, some employers do not pay the cost of the visa or the worker’s transportation from his home country to America nor do they reimburse the worker if he pays those costs himself. That was the case in Juan Javier Rivera, et al. v. The Brickman Group, Ltd. January 7, 2008 WL 81570, a case from the U.S. District Court for the Eastern District of Pennsylvania. Unfortunately, the court ruled that an employer who fails to pay those costs or fails to reimburse his workers for those costs may be in violation of the Fair Labor Standards Act. To read more, members can log in and click on "Members-Only Documents."
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. Recent cases in 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. To read more, members can log in and click on "Members-Only Documents."
