ClubPay Blog


Understanding Employer Obligations for FMLA and ADA Leave

Oct 5, 2015 9:43:00 AM

When an employee has a medical condition and needs some leave time or other job adjustments, they are often protected by two separate and distinct federal labor laws: the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). The purpose of this article is to explain how these two pieces of legislation interact and to describe some best practices for you with respect to leave administration.

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Tips if a Paid Sick Leave Law is enacted in Your State

Sep 2, 2015 9:40:00 AM

An emerging trend in employment law has started to take hold, requiring employers to offer paid sick leave to workers.  As of July 1, 2015, California and Massachusetts are required to offer paid sick leave. Bills introduced in many other states are advancing and likely to follow. 

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Faster, Simpler and More Effective Hiring for Clubs

Jul 15, 2015 6:10:00 AM

Your success begins with your Club’s recruitment effort.  In order to gain a competitive advantage and maximum return on your payroll investment, you must hire the “best” not the “best you can find”.  In today’s employment market, to reach qualified Generation X & Millennial candidates, you have to meet them where they hang out – on the web.  Be sure to develop an overall strategy though,  just placing traditional ads on an expensive job board will most likely do nothing but increase your recruitment costs. Take some time to write out positions in a language your target audience recognizes.

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“Should Haves” in your Club Employee Handbook

Feb 24, 2015 4:15:00 PM

Part 1: Interpersonal Relationships Policy between Club Staff and the Membership

Building member relationships is the cornerstone of success for private club operations and one of the most important aspects to attain consistent, quality relationships is by retaining your best staff for many years.  Perhaps the most important tool to foster your employees and help assure your club culture is not compromised by complacency in standards of conduct is your Employee Handbook.  We will share some “should haves” in your Employee Handbook to help promote your club culture, develop confident, productive employees, and inspire pride within your staff to be a part of your exceptional organization.  Plus, we will offer advice on some club-specific policies regarding employee and member relationships.

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Q&A: When Are Work Breaks Paid?

Jan 23, 2015 10:43:00 AM

Federal and State requirements as to the length and timing of breaks that you are required to compensate for presents many questions regarding compliance and ensuring employee's adhere to Club policy.  Here we will address a few questions on how to compensate for work breaks appropriately.

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Background Checks – What Your Club Can, and Cannot Do…

Sep 29, 2014 9:13:00 AM

Use of available background information in your Club’s hiring and employment decisions is critical to its success. However and very importantly, there is an ever-evolving minefield of legal risk associated with the use of background information when qualifying a candidate.  During this hiring season, it is a good time to examine your current processes and be aware of what you can and cannot do with respect to background checks and  information.

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Meet Our Club Industry HR Expert, Clare Vazquez

May 23, 2014 12:25:00 PM

Register today, for ClubPay’s Education Webinar discussion: Is your Club prepared for a Wage and Hour Audit?  Our HR Partner, Clare Vazquez will share with us why the number of wage and hour class action lawsuits are on the rise and offer relevant information that may help your Club avoid or be prepared for a DOL Wage and Hour Audit.

Clare Vazquez’s diverse HR background has enabled her to bring an innovative, practical and fresh perspective to HR issues. She has consulted with many Fortune 500 companies across a wide variety of industries including hospitality. Clare is an experienced leader performing a principal role in conducting harassment investigations, policies and procedures development, talent acquisition and selection, organizational leadership, and recruitment process.

We are proud to have Clare’s expertise on our Club HR team; with Clare’s Club Industry experience and knowledge of Labor and Employment Law she is a perfect fit to help our Club clients respond confidently to the unique challenges in today's employment market.  ClubPay is committed to identifying opportunities to support and deliver value to our customers and the Club Industry at large.  As an example of our “make a difference” philosophy we invite you to join us for our complimentary education webinar: Is your Club prepared for a Wage and Hour Audit?

During the Wage and Hour Seminar you’ll find answers to the big question, including:

  • When is an employee exempt from wage and hour laws?
  • Common problem areas that may be the focus of an audit, including exemptions, off-the-clock work, break and meal periods, and recordkeeping; and
  • Dos and don'ts for responding to a DOL wage and hour audit.
  • How to prevent an investigation.

Don’t miss this "priceless" opportunity to learn from our Club Industry HR Expert the Dos and Don'ts for responding to an investigation. Register Here, for this "Free" HR Education Webinar: June 12th at 2:30pm EST.

During this time of uncertain and sometimes confusing Federal and State employment regulations being imposed that can present economic challenges for non-compliance.  ClubPay has enhanced Human Resource offerings to help assess your Club’s current HR practices and procedures with our advanced HR Consulting services.  Our goal is to address the diverse needs of each club client and serve as your partner for future growth.

Are there aspects of your Club’s existing HR practices that are unsatisfactory or could benefit from improvements? 


Contact Us and learn how our HRO Service Assessment can help.


Rely on ClubPay’s Human Resource expertise for… (HRO) HR Outsourced Services Plus

For a full list of ClubPay's HRO Services, View Brochure Here


Clare Vazquez, HR Business Partner – Clare has a Master's degree in Labor and Employment Law from New York Institute of Technology and a Bachelor's degree in Management of Human Resources from Palm Beach Atlantic University.   Clare is Six Sigma Certified (Green Belt).  Connect with Clare via LinkedIn

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Club Management: EEOC Nearly Doubles the Penalty for Posting Violations

Mar 31, 2014 5:51:00 PM

Effective April 18th 2014, EEOC the Equal Employment Opportunity Commission is raising the penalty amount per non-posting violation by $100, from $110 to $210.  This violation is for non-posting notices regarding the Civil Rights Act Title VII protections, provisions of the Americans with Disabilities Act (ADA), and provisions of the Genetic Information Nondiscrimination Act (GINA).

What does this mean? In short, if you fail to post all three EEO postings in a prominent place where notices to employees are customarily kept and updated, your club could be fined $630.

It has been 17 years since the last time EEOC adjusted the penalty amount, and have done so now to reflect inflation and promote compliance.  Under Title VII, every employer covered by the EEO requirements must post notices describing the right to be free of discrimination and harassment in the workplace.  The notices must be posted in an accessible place where employees and applicants will know to look.

Due to recent and anticipated mandatory changes to Federal & State Labor Law postings, now is a good time to review the requirements to ensure compliance.  Contact us, to speak with a ClubPay HR Professional to help.

To learn how we can help reduce liability exposures for your Club, request a complimentary analysis with a ClubPay Payroll/HR Specialist –

Request an Analysis

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Club Management Update: ACA Employer Mandate Delayed for 2015

Feb 18, 2014 9:57:00 AM

The Employer Mandate has been delayed for medium sized employers until 2016. On February 10th the Department of Treasury announced that businesses with 50 to 99 full-time equivalent employees will have until 2016 to provide health care coverage to their employees before risking a federal penalty for not complying with the Employer Mandate provision of the Affordable Care Act in 2015.  A revision was also made for employers with 100 or more full-time equivalent employees; health insurance will need to be provided to only 70 percent of their full-time employees in order to comply with the Employer Mandate in 2015. The recent Employer Mandate changes only affect obligations for 2015; starting in 2016, all businesses with 50 or more full-time equivalent employees must provide health care coverage to 95 percent of their full-time employees.

Are you looking for ways to stay abreast of the evolving regulatory environment and ensure compliance with the latest rules; ClubPay has enhanced Human Resource offerings to help.

To learn how we can help reduce liability exposures for your Club, request a complimentary analysis with a ClubPay Payroll/HR Specialist –

Request an Analysis


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Club Management; What Changes will Health Care Reform Bring in 2014?

Feb 4, 2014 12:19:00 PM

With a one-year delay of the employer mandate for the provision of the Health Care Reform that fines certain businesses for failing to provide health insurance, you may wonder what, if any impacts Health Care Reform will have on employers over the course of this year.  Here‘s a summary of the key Health Care Reform provisions that could impact your Club in 2014.

90-day Maximum Waiting Period – For health plans renewing on or after January 1, 2014; employers may no longer impose a waiting period that exceeds 90 calendar days (60 calendar days in California). The maximum waiting period provision applies to employers of all size. This means that if your current health insurance waiting period is “the first of the month following 90-days of employment,” you will need to adjust this duration once your plan renews in 2014. Many employers have opted to switch to a “first day of the month, following 60 days” waiting period federally, and most California employers will be changing to “the first of the month following 30 days.” If you do have to make a revision, it is important that your official benefit plan documents as well as any mention of the health insurance eligibility period in your handbook are updated accordingly.

Employer Mandate – The Employer Mandate is the provision of Health Care Reform that requires large employers (those with 50+ full-time equivalent employees) to offer health insurance to all full-time employees working 30+ hours per week or face a penalty. Although the Employer Mandate has been delayed until January 1, 2015, if you are a borderline employer (meaning, your organization has nearly 50 employees), it is time to start counting your employees now. The look-back period for determining which employers are subject to the employer mandate encompasses the 2014 calendar year. Before the delay of the Employer Mandate, the IRS had issued transitional relief allowing the employer to use any consecutive si -month period in 2013 to assess whether the company would be categorized as a large or a small employer and subject to the employer mandate in 2014. It is still unclear as to whether this transitional relief will apply in 2015. Thus, borderline employers must begin averaging their monthly full-time equivalent employees now, as it is possible that they will be required to use a monthly average of the full twelve months of 2014 to determine whether they are large or small employers for employer mandate purposes in 2015.

Individual Mandate – The Individual Mandate is the requirement for all Americans to secure health insurance coverage or face a penalty. It became effective January 1, 2014, and Americans will become subject to receiving fines if they are not covered by health insurance for a period of three or more months. Therefore, any uninsured individuals must secure coverage on or before March 31, 2014 in order to avoid the penalty. In 2014, the Individual Mandate penalty is $95 or 1% percent of taxable income, whichever is greater.

New Health Care Consumer Protections - While Health Care Reform places several new consumer protections on health plans beginning in 2014, below are the two major consumer protections now in effect:

1) Pre-existing Conditions – Beginning in 2014, health insurance plans may no longer refuse to cover an individual or charge an individual a higher premium based on a pre-existing health condition. In addition, once a health insurance consumer secures a health plan, the plan may not refuse to cover treatment for pre-existing conditions (i.e. coverage for pre-existing conditions must begin immediately). There is an exception to this rule for grandfathered individual health plans (not purchased through an employer).

2) Annual Limits – In 2010, the Affordable Care Act disallowed an insurance company from placing a lifetime limit on the essential benefits of the health insurance plan. Beginning in 2014, the same applies to annual limits on essential health benefits. So for plans renewing on or after January 1, 2014, no yearly dollar limits on essential health benefits are permitted.  However, it is important to note that insurance companies can still place a yearly dollar limit and a lifetime dollar maximum on spending for health care services that are not considered essential health benefits. There is an exception to this rule for grandfathered individual health plans and some group health plans that have received a temporary waiver from the annual limit rules.

Expanded Small Business Tax Credit – The maximum amount of the health care tax credit for small businesses in the 2010 – 2013 tax years was 35% of the amount an employer contributed to an employee’s health plan. This limit has increased to 50% in 2014. To be eligible for this credit, the company must have less than 25 full-time equivalent employees (excluding owners), pay average annual wages of less than $50,000, pay for at least 50% of the cost for employee only health coverage and purchase coverage in the SHOP Exchange.

State Health Care Exchanges

Marketplace – The State Exchanges (or “Marketplace”) has opened, and individuals can log in and shop for health insurance coverage from a variety of carriers. Additionally, individuals who earn an annual salary of up to 400% of the federal poverty level (approximately $46,000 for an individual and $94,000 for a family of four) may be eligible for a federal premium subsidy if the cost of their health care coverage in the Marketplace exceeds 9.5% of household income. Open enrollment in the Marketplace closes on March 31, 2014. Remember, if an employee opts out of the company-sponsored health plan in favor of securing coverage through the Marketplace, the employee will lose any employer contribution to the plan and will no longer enjoy pre-tax deductions for health insurance premiums through the company’s Section 125 plan.

Small Business Health Options Program (SHOP) – The SHOP Exchanges are also open for small employers (generally those with fifty or fewer employees); however, the online shopping tool for small employers is not yet available in the states and default to the federally-run Exchanges. At this time, the SHOPs in those states are only available through a health insurance broker, agent or insurer. It is important to note that no business is required to use the SHOP Exchange, it is simply an option.

State Medicaid Expansions – The Affordable Care Act intended to expand Medicaid for most low-income Americans earning up to 138% of the federal poverty level (approximately $16,000 for an individual or $32,500 for a family of four). However, a Supreme Court decision has left the decision whether to adopt this Medicaid expansion up to each state. Currently, 26 states and the District of Columbia have opted to adopt this expansion in 2014.

Non-Discrimination – Often overlooked, this provision of Health Care Reform will likely bring some changes to the manner in which employers offer health coverage. Basically, the non-discrimination provisions prohibit the employer from offering more generous benefits or higher contributions to highly compensated individuals (HCIs). The IRS code defines a highly compensated individual as: (1) one of the five highest paid officers; (2) a shareholder who owns more than ten percent of the stock of the employer; or (3) among the highest paid 25 percent of all employees. Some examples of provisions that may cause a company’s plan to fail the non-discrimination testing requirements are offering a management carve-out health plan, offering a richer health plan for managers/owners, having a shorter health insurance eligibility waiting periods for managers/owners, and/or offering higher contributions to managers/owners than to other employees. It is important to note that this provision of Health Care Reform has been indefinitely delayed, and we are still awaiting detailed guidance from the IRS regarding the specific parameters of this rule.  It is likely that this provision will not be implemented in the 2014 calendar year.

Employers are facing some important tasks to take into account with respect to Health Care Reform this year. In response, ClubPay has enhanced Human Resource offerings to help Club Management stay abreast of the evolving changes and ensure compliance with the latest rules.

To learn how we may help reduce liability exposures for your Club, request a complimentary analysis with a ClubPay Payroll/HR Specialist –

Request an Analysis

For more helpful Human Resource articles like this; be sure to ask our Payroll/HR Specialist for a free 1 month trial to ClubPay's HR Support Center.

 “2014 Health Care Reform Update” HR Advisor, Feb. 2014:

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