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Fisher, the Sequel: Supreme Court Upholds Public University’s Affirmative Action Program

Ogletree Deakins • June 24, 2016
On June 23, 2016, the Supreme Court of the United States ruled that the race-conscious admission program that a public university used for undergraduate admissions was lawful under the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. In a 4–3 ruling, the Court held that the university’s program withstood strict scrutiny analysis. The three dissenting justices argued that the university failed to meet its burden to show that the admissions plan was narrowly tailored to serve compelling interests. Fisher v. University of Texas at Austin, No. 14–981, Supreme Court of the United States (June 23, 2016).

U.S. Supreme Court Again Upholds Race-Conscious Admissions Program

Jackson Lewis P.C. • June 24, 2016
Today in the case of Fisher v. University of Texas, the U.S. Supreme Court today held, in a 4-3 decision, that the “race-conscious admissions program in use at the time of petitioner’s application is lawful under the Equal Protection Clause.” This is the second time the Court has considered the issue but the first time it has issued a decisive decision.

Supreme Court Gives Boost To Affirmative Action Programs

Fisher Phillips • June 24, 2016
Today the U.S. Supreme Court held by a four to three vote that the University of Texas’s use of racial preferences in undergraduate admissions did not violate the Equal Protection Clause of the Fourteenth Amendment, upholding the University’s affirmative action program. The issue of affirmative action in higher education has now been considered five times by the Supreme Court and has produced some of the Court’s most fractious decisions, today’s being no exception. Fisher v. University of Texas.

California PAGA Amendments Will Expand Labor Officials’ Involvement in PAGA Claims

Ogletree Deakins • June 24, 2016
On June 15, 2016, the California Legislature approved Governor Jerry Brown’s budget. As part of the budget, the Legislature passed SB 836. Included as part of this 96-page budget “trailer bill” are a number of amendments to the Labor Code Private Attorneys General Act (PAGA).

Proposed Rule Would Radically Alter Use of Direct Deposit and Paycards in New York

Littler Mendelson, P.C. • June 23, 2016
On June 15, 2016, the New York State Department of Labor (“NYSDOL”) published a proposed rule governing the permissible methods for an employer in New York to pay wages to employees. The most radical change is that all current consents for direct deposit will be invalid and every employee that accepts payment by direct deposit will have to reauthorize its use. New York employers only have until July 15, 2016, to submit proposed comments.

Minneapolis Passes Paid Sick and Safe Leave Ordinance

Ogletree Deakins • June 23, 2016
On May 27, 2016, after more than six months of public discussion, the Minneapolis City Council unanimously approved an ordinance that will require all employers in the city to provide paid sick and safe leave to most workers. This adds to the patchwork of five states, 23 cities, and one county with paid sick time laws already on the books.
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