FOR AN EMPLOYEE to be exempt from overtime compensation, three requirements must be satisfied: He must be paid on a salary basis, and He must earn a minimum amount of salary each week, and He must meet the appropriate primary duties test covering “white collar” employees.
FOR MANY YEARS, the business staffing environment in the United States has been employee-based, but there is a growing shift to an independent contractor model. In fact, independent contractor engagement growth is nine times greater than employee growth. Today one-third of American workers are independent contractors
Photo credit: Marie-Lan Nguyen The California Supreme Court has decided to implement a new, more stringent test to determine whether a worker is an independent contractor (IC) or employee. For club leaders in California, this decision will make it more difficult for clubs to classify
Often at the forefront of club legal challenges are issues such as overtime, the Waters of the U.S. rule and health care, among others, that may mean wholesale changes to club operations. However, other issues that appear innocuous in comparison can be equally harmful and put
Privacy regulations in the European Union (EU) have long been considered some of the world’s toughest, and those laws are now becoming more stringent—even for U.S. organizations and even for private clubs. The EU’s General Data Protection Regulation (GDPR), adopted in April 2016, requires all
There is a gathering storm brewing in golf today with its origins tracing back to the Fair Labor Standards Act of 1938. Since then, organizations that did not follow the Act have paid dearly. Most recently, the Department of Labor (DOL) narrowed its definition of
ON JUNE 7, 2017, Labor Secretary Alexander Acosta withdrew the Department of Labor’s (DOL) Obama-era “Economic Realities” guidance. That guidance set forth factors the federal government would review to determine if a worker was appropriately classified as an independent contractor or an employee. The National
A common and reoccurring problem that private clubs encounter is the proper classification of caddies and other club workers. Clubs often classify caddies as independent contractors when in actuality the relationship between the club and the caddie should be that of employer/employee. Since a worker
As the membership demographic of private clubs in the United States ages, so do the members’ children and, as is the case with the general population, the percentage of members’ children with developmental and related disabilities and other special needs continues to rise. According to