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NCA’s Washington Weekly Update 4-18-22

Situational Awareness
The House and Senate are both in recess this week.

NCA to Meet With Labor on Overtime
On Friday, I will meet with the Department of Labor to discuss potential changes to the overtime threshold. The Department of Labor’s Wage and Hour Division is in the process of meeting with employers and associations representing various sectors of the economy to gather input on whether and how much the overtime threshold should be raised. The current level of $35,568 was adopted in 2020 as was the minimum for “highly compensated employees,” which is $107,432. Employers may use up to 10% of the standard salary level in nondiscretionary bonuses and incentive payments to satisfy the threshold. It is estimated that roughly 1.3 million additional employees were made eligible for overtime under the 2020 rule.

OSHA Turns Up the Heat
Charleston Mayor John Tecklenburg will kick off this year’s National Club Conference on Monday, May 16 by wEffective April 8, 2022, the Occupational Safety and Health Administration (OSHA) has implemented a National Emphasis Program (NEP) to protect employees from heat-related injury and illness in the indoor and outdoor workplace. Under the NEP, a compliance safety and health officer (CSHO) who is investigating worksites for other purposes will open a heat-related inspection for any hazardous conditions observed. The CSHO is expected to inquire about the existence of any heat-related hazard prevention programs the employer uses on heat priority days. A heat priority day is triggered when the heat index for the day is expected to be 80 degrees Fahrenheit or higher. OSHA is concentrating on certain sectors of the economy, such as agriculture and construction, but clubs should be aware that this NEP is relevant for any regular OSHA inspection. The NEP is effective for three years.

Non-immigrant Visa Legislation
I am looking forward to attending the Conference this year to talk about legislation, regulations and elections A few weeks ago, I mentioned a piece of legislation introduced by Congressman Lloyd Smucker (R-Penn.) that would create a new visa for non-immigrants to work in the United States to address the worker shortage in the service sector. This new visa, H-2C, is somewhat similar to the H-2B visa, but with some very important differences. While the H-2B program is seasonal and limited to 10-month employment intervals, the proposed H-2C visa would be valid for three years with an opportunity to renew it twice. Another improvement over the current H-2B program is that renewals would not count against the annual 65,000 cap. I met with Congressman Smucker’s staff last week and we will be continuing a conversation about NCA supporting the bill. The bill has been offered in previous sessions of Congress and has bipartisan support. While there is little prospect the bill would advance this year, NCA will work with the congressman’s office to garner support.

Public Leadership on Display at 2022 National Club Conference
May 15-17’s National Club Conference in Charleston, S.C., will emphasize the leadership skills needed to serve a broad constituency, much like your clubs. U.S. Representative Nancy Mace (R-S.C.), Charleston Sheriff Kristin Graziano and Charleston Mayor John Tecklenburg will provide their unique perspectives on what it takes to serve during today’s complex times. Registration prices will go up in less than two weeks, so secure your spot now for this special event. Learn more and sign up here. Our first hotel block sold out—hurry before the second one goes!

Thursday Webcast: Starting Your Club’s DEI Journey
It can be daunting to begin the process of making your club more diverse and inclusive. This Thursday at 2 p.m. ET, NCA DEI Committee members Cynthia Enanoria, CCM, GM at Town & Country Club and Julius E. Rhodes, SPHR, founder and principal at mpr group will walk webcast attendees through the beginning steps of creating a more equitable environment at clubs via our newly released club talking points and DEI blueprint. NCA members can register for free here.