Policies, Trends and NCA

Similar documents
Government Matters: 2010 Update

What To Know About The 'Waters Of The United States' Rule

Impact of the Election on the ACA

Washington, D.C. Update

2018 Legislative Update: Grading the Administration and Congress. Craig Brightup The Brightup Group LLC. Jan. 31, 2018

An Update on Health Reform. Jessica Waltman Senior Vice President of Government Affairs, National Association of Health Underwriters March 3-4, 2015

Legislative Report Tennessee Government Finance Officers Association October 23, 2015

T. Rowe Price Forum. INSIDE WASHINGTON: How 2015 Ended and What to Expect From2016. Michael Hadley Davis & Harman LLP

Healthcare & the New Congress: The 2017 Agenda

Election results may provide opportunities for major tax law changes in 2017

2017 National and Chapter Leadership Conference. Legislative Update Webinar September 15, 2017

Government Affairs Update Eastern Region Conference June 5, Neil Reichenberg Executive Director IPMA-HR

House GOP leaders moving full steam ahead on Tax Cuts 2.0 as new details emerge

Presentation Outline

Health Care Reform: The Sequel

The National Perspective: Trillion-Dollar Questions and Answers. Rich Juliano, CAE Senior Vice President for Strategic Initiatives

Ag issues under the new Trump Administration. Prairie Grains Conference. Grand Forks, ND. Sara Wyant Editor & Founder Agri-Pulse.

Washington Update: 2014 Midterms

Council President James A. Klein s memo to members: policy priorities will need to overcome partisan conflict

800 17th Street N.W., Suite 1100 Washington, DC T F Holland & Knight LLP

2016 NLBMDA Election Recap

Publication WASHINGTON, D.C. UPDATE APRIL Author. Sheila P. Burke

WASHINGTON DC, HUMAN RESOURCES, AND YOU. Presented by Deron Zeppelin, Director Government Affairs

The Trump Administration and the 115th Congress: The Washington Outlook for HR Public Policy

House passes health-care reform bill without

UNTANGLING THE KNOTS What s Possible for Health Reform Efforts

2017 WASHINGTON FLY-IN April 4-6, THE LIAISON CAPITOL HILL 415 New Jersey Avenue, NW. Washington, DC AGENDA draft as of

Presidential Transition: Impacts to Pre-treatment Rules and Regulations

Unite for Behavioral Health Biweekly Advocacy Webinar Series Webinar #14

2018 Midterm Elections: Battle for House, Senate

Inside Washington. Marco

What s Happening in Washington

The Human Needs Report

Waters of the United States (WOTUS): Current Status of the 2015 Clean Water Rule

12/11/ NGWA Government Affairs: Year in Review. Year in Review: NGWA Government Affairs. A New Era in Washington: Executive Orders

2012 FCA. All Rights Reserved Legislative Update Michael T. Oscar Director of Legislative Affairs FCA International

2017: THE JOURNEY INTO THE UNKNOWN

An Update on ACA Repeal and Replace Efforts

KPMG report: U.S. congressional elections and tax policy; preliminary observations

Shaping policy, sharing solutions, strengthening communities

Affordable Care Act & Legislative Update

Gravure Global Summit: Legislation Update

American Public Power Association Update

The Washington Report

The State of Play: A Legislative Update on Congress and County Priorities. October 20, 2015

COMMENTS OF THE ASSOCIATION OF STATE WETLAND MANAGERS TO THE

E N V I R O N M E N T A L P R O T E C T I O N N E T W O R K. EPN Comments on Proposed Repeal of the Rule Defining the Waters of the United States

Environmental & Energy Advisory

Impact of the 2016 Elections and SCOTUS Vacancy / Nomination to the Affordable Care Act

12/10/ Election Results: What Happened and What It All Means for Immigration. About the National Immigration Forum

Federal & State Issues Update. LCA/LMOGA Post-Session Government Affairs Meeting Point Clear, AL July 2017

COLUMBIA RIVER TREATY & WOTUS RULES UPDATES. Henry s Fork Watershed Council Jerry R. Rigby Rigby, Andrus & Rigby Law, PLLC

OVERVIEW OF AUTHORITIES AND JURISDICTION

ACEC Maintains Bearings

2012 FCA. All Rights Reserved Legislative Update Michael T. Oscar Director of Legislative Affairs FCA International

APTA Legislative Update. May 24, 2017

Congressional Overview Congress Passes Short-Term Highway Bill Extension

Office of the General Counsel Monthly Activity Report May 2015

Impact of the 2016 Election on the Affordable Care Act

TODAY S AGENDA 2/28/2017 CRT FOCUS: WHAT CRT SUPPLIERS CAN EXPECT FROM CAPITOL HILL IN 2017 GAMES 2017 WINTER MEETING FEBRUARY 17, 2017

2016 LEGISLATIVE WRAP-UP. Chris Nida NC League of Municipalities

Presentation to the Bakery, Confectionery, Tobacco Workers and Grain Millers' International Union. Paul Lemmon July 26, 2010

Question: Does the Clean Water Act prohibit filling wetlands that are 15 miles away from any navigable water?

Q&As. on AFL-CIO s Immigration Policy

PPACA's Impact: The Election, 2013 and Beyond

Washington Report. Michael Novogradac. Jeffrey McMillen. Bob Rapoza. Novogradac & Company Akin Gump Strauss Hauer & Feld LLP

Washington Rundown. January 15, 2013

Here is an update on some important matters of municipal concern that might merit your attention.

DONATE. From: DNC Rapid Response Subject: Donald Trump's Supreme Court pick? Date: July 19, 2016 at 9:06 PM To:

Health Care Reform Where Will We Be at the End of 2012? Penn-Ohio Regional Health Care Alliance

Molina Health Advocacy Newsletter

Presented by: Jeff Bush

Cordray s Recess Appointment: Future Legal Challenges. By V. Gerard Comizio and Amanda M. Jabour*

EPA and the Army Corps Waters of the United States Rule: Congressional Response and Options

FEDERAL LEGISLATIVE UPDATE

TRIA Negotiations Continue; McCarthy Promises a Deal Will Be Reached

2008 Democratic Nomination

The Waters of the United States Rule: Legislative Options and 114 th Congress Responses

Congress. J. Alexander Branham Fall 2016

4/4/2017. Will America Be Made Great Again: Labor and Employment Law in the Trump Administration. Yet to be Resolved Questions

2016 Election Impacts: Major policy changes

GOP Reaffirms Its Energy Plan: Oil Above All

This presentation is the third in DPH s post election series of presentation on the postelection

Unit 3 Learning Objectives

Taxes, Healthcare, Spending and Earmarks: What to Expect From the New Congress Presented by:

Prospects for Modernization of the Toxic Substances Control Act (TSCA) During the 114 th Congress

Make American Energy Great Again: Impacts of the Trump Administration on Natural Gas Markets

Washington DC Update. Can Anyone Here Play This Game? Scott E. Miller PHEAA March/April 2016

Congress: Structure & Powers

Status of Health Reform Bills Moving Through Congress

American political campaigns

Federal Education: Of Elections &Politics. Oh, and Policy. Noelle Ellerson December 2014

Draft Senate Health Bill Finally Revealed Vote Could Take Place as Early Next Week

Senate 2018 races. Cook Political Report ratings. Updated October 4, Producer Presentation Center

ACCG Federal Update. Shawna Watley January 31, Copyright 2009 Holland & Knight LLP All Rights Reserved

2015: Policy & Advocacy Year in Review

Blocking Kavanaugh & Stopping Trump s Court Packing. Tactics for defending our rights through an independent judiciary

New Directions in Health Policy: The Affordable Care Act and Medicare Reform*

PAA was extremely engaged on several fronts during the now concluded budget session.

AMENDMENT NO.llll Purpose: To provide a complete substitute. S. 787

Transcription:

Government Matters Policies, Trends and NCA Henry Wallmeyer President & CEO ADVOCATE FOR CLUBS, ANSWERS FOR CLUB LEADERS

HENRY WALLMEYER Capitol Hill Background

HENRY WALLMEYER Association Experience

AGENDA 1 2 3

NATIONAL CLUB ASSOCIATION Who we are Advocate for Clubs serves as the only organization that actively lobbies the U.S. Congress on behalf of the private club industry. Answers for Club Leaders provides critical solutions to club leaders through educational materials and training.

NATIONAL CLUB ASSOCIATION Advocacy Based in Washington, DC to Be involved in the political world Shape the policies that come from it Make sure the private club industry s voice is heard On Capitol Hill In the Agencies In the Statehouses In the Courthouses

NATIONAL CLUB ASSOCIATION Election Update Election impact on clubs The Affordable Care Act, DOL s Overtime Exemption Rule and EPA s WOTUS Rule could be removed Presidential results so far delegates A Republican needs 1,237 to win the nomination Trump 1,068 and Cruz 565 Trump is presumptive nominee; possible, but unlikely challenger in general A Democrat needs 2,383 to win the nomination Clinton 2,229 and Sanders 1,453 Clinton has huge lead in Superdelegates; however, those Superdelegates could change their minds but it is unlikely

NATIONAL CLUB ASSOCIATION Congress House of Representatives: 246 Republicans 188 Democrats There is one vacancy Rep. John Boehner s (R-Ohio) seat will likely stay R 246 seats are the most for Rs since 1947 The last election gave Republicans a 29 seat majority In 2016, it is not likely the House will flip Senate: 54 Republicans 46 Democrats (with 2 Independents) In 2016, Rs will have 24 seats up and Ds will only have 10 seats up Competitive R seat races will be in Fla. (open), Ill., N.H., Ohio, Pa., and Wis. The competitive D seat race will be in Nev. (open) Sen. Mitch McConnell (R-Ky.) is Majority Leader This means a more pro-growth, pro-club U.S. Senate However, Ds are still able to filibuster any controversial bill

NATIONAL CLUB ASSOCIATION Regulatory Issues DOL s Overtime Rule DOL s New Employee Independent Contractor Guidance EPA s Waters of the US (WOTUS) Rule DOL s Persuader Rule

DOL S OVERTIME RULE Will alter who is exempt from overtime pay The rule modifies the minimum weekly salary The current $455/week ($23,660/yr.) will increase to between $903/week ($46,950/yr.) to $970/week ($50,440/yr.) 40th percentile of earnings for FT salaried employees Any salaried employee making <min amount will be due overtime pay Commissions, nondiscretionary bonuses and incentive pay are not included in salary, but DOL is considering it The primary duties test for the exemption will likely change

DOL S OVERTIME RULE Timeline and Impact on Clubs These salary levels will be indexed to the earnings percentile or CPI-U The rule will likely impact staffing levels, worker shifts and compensation packages for employees DOL sent the rule to the WH for final review on 3/15 out any day The Protecting Workplace Advancement and Opportunity Act filed

DOL S INDEPENDENT CONTRACTOR GUIDANCE Economic realities New multi-factor economic realities test to classify workers The guidance sets out six factors to review: Is the work performed an integral part of the club s business? Does the worker s own managerial skills affect his ability to make a profit or loss? What are the relative investments in each business by club and worker? Does the work require some special skill or initiative? How permanent is the relationship between worker and club? How much control does the club have over the worker?

DOL S INDEPENDENT CONTRACTOR GUIDANCE Determinative Factors No single factor is determinative The key is to look at them all and decide how economically dependent or independent the worker is from the club If it can be shown the worker is in a business for himself, then it s more likely he ll be seen as an Independent Contractor DOL stressed the definition of employee is to be liberally construed to provide broad coverage for workers The basic intent is to classify most workers as employees NLRB pursuing misclassification as a violation NLRA Misclassifying them as ICs deprives them the right to unionize

WOTUS EPA s Waters of the US (WOTUS) Rule Redefines the reach of the Clean Water Act, expanding federal control of land and water resources in the U.S. The Clean Water Act previously only covered traditional navigable waters, interstate waters and territorial seas ( A.K.A. protected waters) Will trigger additional permitting and regulatory requirements for private clubs with streams, ponds, brooks and even land that could become filled with water.

WOTUS Revisions to Clean Water Act Definitions Now includes upstream waters that impact navigable downstream waters Tributaries They have a bed, banks, an ordinary high water mark and a flow that goes, directly or indirectly, to protected waters (perennial, intermittent and ephemeral streams, too) Adjacent Waters They border, are contiguous to or are neighboring protected waters So, for the first time club ponds, creeks, etc. will be under EPA control with new permits needed before using chemicals and fertilizers

WOTUS Exclusions and Challenges to the Rule Exclusions for irrigation and artificial ponds, groundwater, puddles and storm water control features, but dry land requirement EPA s partner, the Army Corps of Engineers, called the rule legally indefensible and wanted its name removed from the final document Litigation filed by 31 states - Stay granted by the 6 th Circuit Court 1/16 - Jt. Res. of Disapproval passed but vetoed by Pres. 4/16-1st defunding measure lost 56-42 in Senate, needed 60

PERSUADER RULE DOL Rule Effective April 25, 2016 It will severely impact a club s ability to get legal advice during a union organizing campaign When a club hires a lawyer to help defend against a union campaign, it must file complicated disclosure reports with DOL When a lawyer accepts the job, he must also file disclosure reports listing the services he will provide and the fees charged Many law firms will pull back from this type of work Without lawyers, most clubs will be unable to effectively give their side of the story NCA s coalition has filed a federal suit against the rule in Arkansas

PERSUADER RULE Labor Unions Pushed for the Rule Knowing who the lawyer is and what he charged means they can say the club brought in a hired gun to fight the union so it must have $$ 11% of all workers belong to a union (14.6 million) lowest since 1983 7% of private workers are union; 36% of government workers are union

NATIONAL CLUB ASSOCIATION Legislative Issues PACE Act ACA Fix-It Bills STARS Act SAW Act

PACE ACT The Protecting Affordable Coverage for Employees Act Major victory for the private club industry First ACA fix-it bill to pass and be signed by the Pres. in 4 years On January 1, 2016, clubs with 51-100 employees would have been pulled from the large group insurance market and thrown into the small group market to purchase health insurance Clubs and their employees would have lost their current plans They would have been required to purchase far more expensive plans in the small group market Overwhelming bipartisan support for the PACE Act Passed the House by voice vote Passed the Senate by unanimous consent Template for making additional changes to the ACA

ACA FIX-IT BILLS Congress passed legislation suspending three ACA taxes The Cadillac tax won t go into effect until 2020 The 40% excise tax on high cost policies is passed through to clubs Senate voted 90-10 to repeal this tax in the reconciliation bill on 12/3/15 $10,200 threshold for self-only & $27,500 threshold for family plans The 2.3% medical device tax is suspended for 2016 and 2017 The tax is passed through to clubs in the form of higher premiums In 2015, 21 Democratic Senators voted to remove this tax The House passed it with 46 Democrats supporting The tax on all health insurance policies sold is suspended for 2017 The so-called Health Insurance Tax (HIT) is also passed through to clubs in the form of a 2%-4% premium hike ($350-$500 per policy) Reps. Boustany (R-La.) and Sinema (D-Ariz.) filed a bill to repeal the HIT It has over 218 bipartisan co-sponsors the magic number A bipartisan Senate bill to repeal it has 35 total co-sponsors

ACA FIX-IT BILLS Congress passed legislation suspending three ACA taxes The Cadillac tax won t go into effect until 2020 The 40% excise tax on high cost policies is passed through to clubs Senate voted 90-10 to repeal this tax in the reconciliation bill on 12/3/15 $10,200 threshold for self-only & $27,500 threshold for family plans The 2.3% medical device tax is suspended for 2016 and 2017 The tax is passed through to clubs in the form of higher premiums In 2015, 21 Democratic Senators voted to remove this tax The House passed it with 46 Democrats supporting The tax on all health insurance policies sold is suspended for 2017 The so-called Health Insurance Tax (HIT) is also passed through to clubs in the form of a 2%-4% premium hike ($350-$500 per policy) Reps. Boustany (R-La.) and Sinema (D-Ariz.) filed a bill to repeal the HIT It has over 218 bipartisan co-sponsors the magic number A bipartisan Senate bill to repeal it has 35 total co-sponsors

STARS ACT The Simplifying Technical Aspects Regarding Seasonality Act The bipartisan House bill was introduced by Reps. Jim Renacci (R-Ohio) and Kurt Schrader (D-Ore.) The bipartisan Senate version was introduced by Sen. Kelly Ayotte (R- N.H.) and Sen. Angus King (I-Maine) Creates one definition of a seasonal employee and one seasonal employee exemption for all ACA purposes A seasonal employee is employed in a position that is open for 6 months or less Period A seasonal employee does not have to be counted when determining whether your club hits the 50 FT/FTE threshold so no more 4 month worker concerns A seasonal employee is not a full-time employee, regardless of the number of hours he works so he does not have to be offered insurance IBEW (AFL-CIO) came out specifically against the bill IBEW is going to Ds who have co-sponsored to get them off the bill

SAW ACT The Save American Workers Act Bipartisan bill filed in the House and Senate House sponsors: Reps. Todd Young (R-Ind.) and Dan Lipinski (D-Ill.) Senate sponsors: Sens. Susan Collins (R-Maine) and Joe Donnelly (D-Ind.) Would change definition of full-time from 30 hours/week back to 40 hours/week The AFL-CIO, Teamsters and Food Workers Union wrote that the current law will destroy the foundation of the 40 hour work week Passed the House in 2014 by a vote of 248-179 with 18 Democrats Then-Senate Majority Leader Harry Reid (D-Nev.) wouldn t allow a vote in Senate Passed the House in 2015 by a vote of 252-171 with 12 Democrats Cannot get enough Senate Ds to commit to the bill yet...

NATIONAL CLUB ASSOCIATION Industry Trends The Year of Community Environment and Sustainability Recreation Families

ENVIRONMENT AND SUSTAINABILITY Water Conservation Drought tolerant turf and plants Partnering with local water agencies Food Waste Waste and Loss is 31% of US food supply Cut food waste by 50% by 2030 CA law requires recycling of Organic waste

RECREATION Golf Golf + Games on the range Social events Tennis 17.9 million players, 1% growth Less time-consuming More exercise Pickleball 2.5 million players, 300% growth Low impact Attracts older players

FAMILIES Swimming facilities Spray areas Zero-entry pools Shade Casual dinning Relaxed dress codes Fast casual Cyber-cafe Babysitting/Tween rooms Activities Childcare

NATIONAL CLUB ASSOCIATION The Future of NCA Growth Presence Programs Advocacy

NCA S FUTURE Growth Membership National and Regional Conferences NCA Foundation Corporate Partners

NCA S FUTURE Greater Presence Industry Capitol Hill Washington, D.C. Voice of Private Clubs Through Members

NCA S FUTURE Programs Surveys, Trends, & Publications Certification Program Sustainability Program Safety Program

NCA S FUTURE Advocacy State Build an Army Key Contact Program ClubPAC

THE END But Just the Beginning!