In a recent decision by the National Labor Relations Board (NLRB), employers who misclassify independent contractors (ICs) may not only be violating the Fair Labor Standards Act (FLSA), but may also be violating the National Labor Relations Act (NLRA). In that case, the NLRB ruled
Private clubs have traditionally utilized service charges on food and beverage sales to supplement club revenue. In most cases, this revenue is used to pay higher wages to all of the employees at the club—including managers and employees not included in the definition of “tipped
Club management is difficult enough without having an understanding of where potential environmental risks and liabilities might lie throughout the business. For instance, recently a golf course in Maryland received a $15,000 regulatory fine resulting from discharges of pollutants into buffer zones, along with discharges
A conservation easement is a legal tool originally created for the purpose of protecting and preserving natural landscape and acreage from development. In theory, a landowner agrees to keep a large section of his land free from development and in a natural state in return
During the last few years, clubs have seen increased activity from federal agencies issuing rules and regulations protecting employee rights. The Department of Labor (DOL) announced groundbreaking proposed changes to its exempt employee tests in July 2015, the Equal Employment Opportunity Commission (EEOC) attempted to
What are the challenges and trends in liability claims that clubs and their officers and directors are facing? The challenges that the private club Industry is facing now, and into the foreseeable future, continue to escalate, particularly in the area of Director’s & Officers (D&O)
The problem has been a long time coming. For many years, real estate developers would establish a residential community governed by a homeowners’ association (HOA) and would establish a separate golf club to own, operate and maintain the golf and other recreational amenities within or
Editor’s Note: This article is a shortened version of a feature in the winter edition of Club Director. For the full version, please click here. The legislative, regulatory and judicial environment for clubs has never posed more challenges to clubs. From the proposed Overtime Rule to the
The legislative, regulatory and judicial environment for clubs has never posed more challenges to clubs. From the proposed Overtime Rule to the longstanding Affordable Care Act (ACA), among other legal issues, clubs should be mindful of the direct impact these matters have on their operations.
A complaint was filed in federal court in Massachusetts in November by well-known former local sportscaster Robert Lobel against a local club at which the plaintiff is NOT a member. The lawsuit, Robert Lobel v. Woodland Golf Club of Auburndale, is based on the Americans with