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Drifts
Because this is an election year—and a highly unusual
one at that—this strategy is especially challenging and
fraught with uncertainty. A defunding rider preventing
implementation of the new overtime rules was approved by a
Congressional subcommittee in the House appropriations bill
for DOL last week (that’s good news to be sure), but whether
it makes it into a final bill for Obama’s signature remains to
be seen. And we likely won’t know the success of such a strat-
egy until after the November elections, when there will be a
Lame Duck Congress.
Moreover, many in Congress question whether Obama
would ultimately sign a broad appropriations bill that defunds
such a critical component of his overall labor and employment
policy. Because the overtime threshold has not been adjusted for
12 years now, many Democrats in the Senate may also oppose
a “defund” rider like this, particularly as Democrats push for a
$15 minimum wage. Even if Obama signed this into law (which
is questionable), the defund rider would only prevent DOL
from implementing the new overtime rules for the 2017 fiscal
year, but at least it would punt the issue to the new Congress in collar workers into hourly wage positions, and then closely
2017, buying businesses some time.
Given the uncertainty of this political “defund rider”
strategy, Congressman Kurt Schrader, a moderate Democrat
from Oregon, introduced legislation yesterday called the
6 | NSAA JOURNAL | SUMMER 2016
Overtime Reform and Enhancement Act, which would
phase in this higher salary threshold over three years, giv-
ing businesses an opportunity to build these new overtime
costs into their budgets. This is a highly sensible and prag-
matic approach that still achieves Obama’s goal of adjust-
ing the white-collared threshold. Under Congressman
Schrader’s proposed bill, the threshold would rise to $35,984
on December 1 of this year, and then to $39,780 in 2017,
$43,628 in 2018, and $47,476 by December 1, 2019—
thereby giving businesses three years to phase in this new
threshold. This bill has the strong support of NSAA, the US
Chamber of Commerce, National Retail Federation, Society
for Human Resources Management (SHRM), and many
other key industry and business groups.
Until there is more clarity from Congress later this fall,
ski areas should closely examine whether either of two FLSA
exemptions will apply to their operations. And if the exemp-
tions do not apply to a particular resort, the likely result is
that those ski areas affected will move these salaried white
monitor their hours to prevent the time-and-half financial
impact from overtime.
SWAG Program Welcomes Donations This Fall
If your resort is not using retired winter uniforms, there are
plenty of needy people in other cold-weather countries that
would love to have them. NSAA’s SWAG (Sharing Warmth
Around the Globe) program is one of the easiest, and most
meaningful, ways to pass along these items of clothing to
those who are ill prepared to endure seasonal low tempera-
tures, rain, and snow.
Donating these items not only is a humanitarian act but
also is a good way for your resort to bolster its sustainabil-
ity efforts, said Cheryl Jensen, executive director of SWAG.
Since NSAA launched the program in 2000, participating
resorts have donated more than 250,000 winter garments to
people in 30 countries.
In addition to ski/snowboard jackets, vests, and pants,
SWAG accepts fleece garments, hats, gloves, and most any
other winter clothing that can help a person stay warm and dry.
For more information about SWAG, including a list of
partners, visit www.swagusa.org. If your resort would like
to make a donation to the upcoming SWAG clothing drive,
contact NSAA’s Jennifer Larson to obtain a participation
form (jlarson@nsaa.or). Completed forms are due back by
September 30. Larson will then contact you with a shipment
date and shipping location for your boxes, which will be
accepted October through November.