Club Management - January/February 2008 - (Page 43) in the legislation for Commerce, Justice and Science Appropriations, this measure exempts workers from the fi scal year cap who have successfully used the H-2B visa program in the past and returned to their home country when their work visa expired. The previous one-year exemption for returning workers expired on September 30. In May 2005, Congress passed the “Save Our Small and Seasonal Businesses Act of 2005,” which provided cap exemptions for seasonal guest workers who participated in the H-2B visa program in the previous three fiscal years. The annual fiscal year cap for H-2B visas for seasonal and temporary workers is 66,000, with 33,000 being allocated for each half of the year. The 2007 cap was met in May and prevented employers from seeking H-2B visas for seasonal workers until the new fi scal year began on October 1. As of September 27, the 33,000 limit for the first half of fi scal year 2008 has already been exhausted. H-2B visas are not available for positions that have a start date between now and April 1, 2008. This measure now will be considered in the reconciliation of this appropriations measure in Conference Committee between the Senate and the House. For more information about the H-2B work program, please visit www.uscis.gov. Senate Measure Tackles Misclassification of Independent Contractors Legislation has been introduced in the Senate that would close loopholes in federal tax law that would ensure that employers cannot misclassify employees as independent contractors. S. 2044, known as “The Independent Contractor Proper Classification Act of 2007,” would provide procedures to properly classify employees and independent contractors. Under the existing section 530 of the Internal Revenue Code, employers may classify a worker as an independent contractor if certain requirements are met. S. 2044 would allow for prospective reclassifications, eliminate the ban on the Internal Revenue Service (IRS) issuing regulations or revenue rulings on employee/independent contractor status and eliminate the ability of employ- ers to rely on industry practice as a basis for classification. The law also would require enhanced cooperation between the Department of Labor (DOL) and the IRS in both prevention and enforcement activities. It would require the DOL and the IRS to track and annually report independent contractor vs. employee misclassification instances. This measure has been assigned to the Senate Finance Committee for further action. Legislative Highlights from Around the Country • California Governor Arnold Schwarzenegger has vetoed a bill requiring employers to provide health insurance to their employees or pay a tax to the state. Schwarzenegger said the bill would hurt California businesses and still not provide health insurance to everyone. • Minnesota has joined 17 other states by banning smoking in all workplaces and indoor public places, including bars and restaurants. The state’s legislature passed the “Freedom to Breathe Act” last spring. • Tennessee’s “Nonsmokers Protection Act” went into effect in October. The law does not apply to businesses with three or fewer employees or to restaurants and bars that only serve customers who are 21 or older. • A U.S. District Judge recently overturned a law that required quickservice restaurants to post calorie content on their menus in New York City. The California State Assembly has enacted legislation that would require restaurant chains to list the fat, calories and salt content of their standard menu items. • The state of Oklahoma has enacted a tough new immigration law that allows legal workers to sue businesses that are barred by federal law from hiring illegal immigrants when they are displaced by an illegal worker. • Missouri businesses will face an automatic increase in the minimum wage beginning January 1, 2008, due to growth in the national consumer price index. Its minimum wage will increase from $6.50 to $6.65. ❚❘ For up-to-date legislative and regulatory information, please visit CMAA’s Legislative & Regulatory Summary online at www.cmaa.org/legislat/summary/legislation.asp. SIGNATURE SERIES SHOREA WOOD COLLECTION OXFORD GARDEN www.oxfordgarden.com 877.866.3331 338077_Oxford.indd 1 8/8/07 8:38:42 AM JANUARY/FEBRUARY 2008 • 43 http://www.cmaa.org/legislat/summary/legislation.asp http://www.uscis.gov http://www.oxfordgarden.com
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