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based on visits, regional comparisons, and VTFH (vertical transportation feet NSAA OFFICERS
per hour).
CHAIR
Ski areas that participated in the survey may obtain the report for a Tim Silva, Sun Valley Resort, ID
reduced rate of $75 (in an Excel spreadsheet or as a PDF; NSAA has discon- (208) 622-2042
tinued offering a printed copy). Areas that did not participate in the survey
may purchase the report for $250. To order, visit www.nsaa.org/store (login VICE CHAIR
required for participating member rate). Win Smith, Sugarbush Resort, VT
(802) 583-6832
Proposed Legislation On Overtime Rules
TREASURER
As ski areas are well aware, the Department of Labor (DOL) issued new overtime Alan Henceroth, Arapahoe Basin, CO
regulations on May 18, increasing the threshold exemption salary amount for (970) 513-5722
white-collared salaried employees. The new threshold—which does not become
effective until December 1—would raise the salary base from $23,660 to $47,476 SECRETARY
(or $914 per week). Ken Hess, Massanutten Ski Resort, VA
(540) 289-4094
Any salaried white-collar employee earning below this new salary thresh-
old who works more than 40 hours per week would be entitled to time-and-a-half REGIONAL BOARD MEMBERS
pay (those making above the $47,476 threshold are exempt from overtime). This
higher threshold doubles the current salary limit, in large part because the thresh- CENTRAL ROCKIES
old for white-collared employees has not been adjusted since 2004. Nonetheless, Pat Campbell, Vail Resorts, CO
this is a significant and unexpected burden that is falling on all businesses, mak- (303) 404-1809
ing it difficult to incorporate these higher costs into their business operations. Gary DeFrange, Winter Park Resort, CO
(303) 316-1510
However, under the Fair Labor Standards Act (FLSA), most—but not all— Alan Henceroth, Arapahoe Basin, CO
ski areas may be able to claim exemptions under the FLSA that, if applicable, (970) 513-5722
would preclude this higher white-collared threshold imposed by the DOL. The Rob Perlman, Steamboat Resort, CO
two exemptions apply to seasonal recreational facilities, including ski areas. For (970) 871-5400
example, the 7-month operations test exemption (which will likely apply to David Perry, Aspen Skiing Company, CO
smaller, mom-and-pop ski areas), or the two-thirds receipts test (which could (970) 300-7007
apply to some mid-size and larger ski areas), provide ski areas specific exemptions
from the federal overtime and minimum wage rules (individual states may have MID ATLANTIC
different rules). NSAA has materials ski areas can use to better understand how Arthur Berry, Camelback, PA
these exemptions apply to them. (570) 629-1661 x1135
Dave Riley, HoliMont, NY
Still, these FLSA exemptions may not apply to all ski areas. NSAA, and the (518) 734-4300
business community in general, have been working with Congress to find some Chip Seamans, Windham, NY
relief from the DOL’s dramatic expansion of the white-collared employee salary (518) 734-4300
threshold before it becomes effective in December. One option NSAA is push-
ing is to include what is known as a “defunding” rider into appropriations legisla- MIDWEST
tion that prohibits the DOL from using any of Congress’s appropriated funds to Stephen Kircher, Boyne Resorts, MI
implement or enforce the new overtime rules. (A similar defund rider was added (231) 549-6000
to the Omnibus Appropriations Act of 2015 to prevent DOL and the Forest Chris MacInnes, Crystal Mountain, MI
Service from implementing a $10.10 minimum wage for federal contractors that (231) 378-2000
stemmed from an Obama executive order in 2014.) Charles Skinner, Granite Peak, WI |
Lutsen Mountains, MN
(218) 663-7281

NEW ENGLAND
Chris Ellms, Bretton Woods, NH
(603) 278-3301
Tyler Fairbank, The Fairbank Group, MA
(413) 738-5500
Al Fletcher, Nashoba Valley Ski Area, MA
(978) 692-3033
Kelly Pawlak, Mount Snow, VT
(802) 464-4119
Win Smith, Sugarbush Resort, VT
(802) 583-6832

NORTHERN ROCKIES
Tom Chasse, Schweitzer Mountain, ID
(208) 255-3032
Kim Mayhew, Solitude, UT
(801) 534-1400
Bill Rock, Park City Mountain Resort, UT
(435) 649-8111
Tim Silva, Sun Valley Resort, ID
(208) 622-2042

PACIFIC NORTHWEST
Jeff Kohnstamm, Timberline, OR
(503) 272-3175
Kevin McCarthy, White Pass Ski Area, WA
(509) 672-3101

SIERRA
Tim Cohee, China Peak Mountain Resort, CA
(559) 233-2500
Greg Dallas, Sugar Bowl Resort, CA
(530) 426-9000
Andy Wirth, Squaw Valley|Alpine Meadows, CA
(530) 584-6210

SOUTHEAST
Ken Hess, Massanutten Ski Resort, VA
(540) 289-4094

SUPPLIER MEMBERS
Mark Bee, Doppelmayr USA Inc, UT
(801) 973-7977
John Jacobs, Reliable Racing Supply, NY
(518) 793-5677 x226

SPECIAL COUNSEL
Tom Aicher, Cleary Shahi & Aicher, VT
(802) 775-8800