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HTMLHigh Court Finds UT Austin Race-Conscious Admissions Process Constitutional
F. Christopher Chrisbens, Thomas Dorer, Marla N. Presley, Mickey Silberman; Jackson Lewis P.C.;
Legal Alert/Article
July 12, 2016, previously published on June 24, 2016
In a 4-3 decision on Thursday, June 23, 2016, the United States Supreme Court upheld the University of Texas’s (UT) race-conscious admissions program. The decision addressed only UT’s specific admissions policy in effect when Ms. Fisher was denied admission in 2008, but for the third...

 

HTMLCourt Halts Labor Department’s New Persuader Rule
Howard M. Bloom, Philip B. Rosen, Jonathan J. Spitz; Jackson Lewis P.C.;
Legal Alert/Article
July 12, 2016, previously published on June 27, 2016
The U.S. District Court for the Northern District of Texas, Lubbock Division, has issued a nationwide preliminary injunction against the U.S. Department of Labor’s “persuader” rule promulgated under the Labor-Management Reporting and Disclosure Act. National Federation of...

 

HTMLNew OSHA Whistleblower ‘Shaming’ Program Draws Fire
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
July 11, 2016, previously published on June 20, 2016
The Occupational Safety and Health Administration has launched a pilot program in the Midwest region to shame employers who allegedly violate their employees’ whistleblower rights egregiously, but a critic contends the initiative may violate a company’s due process rights and unfairly...

 

HTMLSupreme Court Unanimously Backs ‘Implied Certification’ Liability under False Claims Act
Sarah C. Baskin, Thomas Dorer, David R. Jimenez, Jeremy S. Schneider, Joseph C. Toris; Jackson Lewis P.C.;
Legal Alert/Article
July 11, 2016, previously published on June 17, 2016
Federal contractors may be subject to liability under the federal False Claims Act for violating regulatory requirements not expressly stated in their contracts, according to U.S. Supreme Court’s decision in Universal Health Services v. Escobar, No. 15-7 (June 16, 2016). The Court unanimously...

 

HTMLHealthcare Subsidies for Grad Students: An ACA Conundrum
Joy M. Napier-Joyce, Melissa Ostrower, Kellie Margaret Thomas; Jackson Lewis P.C.;
Legal Alert/Article
July 11, 2016, previously published on June 17, 2016
Colleges and universities historically have provided graduate student employees (e.g., teaching assistants) with a stipend or reimbursement to help defray (or even fully cover) the cost of their medical coverage under the student health plan. Competing guidance from the Departments of Health and...

 

HTMLNew Jersey Supreme Court Bars Enforcement of Shortened Limitations Period for Discrimination Claims
Martin W. Aron, Maggie L. Gousman; Jackson Lewis P.C.;
Legal Alert/Article
July 10, 2016, previously published on June 16, 2016
The New Jersey Supreme Court has overturned an appellate court decision that allowed a shortened limitations period for filing discrimination claims under the New Jersey Law Against Discrimination (“LAD”). Rodriguez v. Raymours Furniture Co., Inc., No. 074603 (June 15, 2016). In a case...

 

HTMLOFCCP’s New Sex Discrimination Regulations Imposes a Few New Obligations on Employers
Laura A. Mitchell, Michelle E. Phillips, Patricia Anderson Pryor, Jennifer L. Seda, Mickey Silberman; Jackson Lewis P.C.;
Legal Alert/Article
July 10, 2016, previously published on June 17, 2016
The Final Rule on Sex Discrimination from the Office of Federal Contract Compliance Programs recognizes the expanding interpretation of “because of sex” as a basis for discrimination, but does not impose on federal contractors new “equal pay” requirements, a new posting, new...

 

HTMLLos Angeles Approves Minimum Wage Increases and Mandates Employers to Provide 48 Hours of Paid Sick Leave
Cynthia L. Filla, Susan E. Groff, Melissa L. Yen; Jackson Lewis P.C.;
Legal Alert/Article
July 10, 2016, previously published on June 16, 2016
Employers in the City of Los Angeles will need to review their current minimum wage and paid sick leave policies to ensure they comply with the new City ordinance increasing the minimum wage and extending paid sick leave benefits to employees working in the City.

 

HTMLMine Agency Focuses Attention on Workplace Exams, Diesel Exhaust Exposure
Jackson Lewis P.C.;
Legal Alert/Article
July 4, 2016, previously published on June 20, 2016
The Mine Safety and Health Administration has rolled out two initiatives: a proposed rule increasing requirements for workplace examinations that, MSHA says, is aimed at curbing injuries, illnesses, and fatalities among Metal/Non-Metal (M/NM) miners, and a Request For Information (RFI) on...

 

HTMLSupreme Court Rejects Deference to DOL Regulation on FLSA Exemption Due to Failure to Provide Reasoned Explanation for Change
Jeffrey W. Brecher; Jackson Lewis P.C.;
Legal Alert/Article
July 4, 2016, previously published on June 22, 2016
The Supreme Court granted certiorari in Encino Motorcars, LLC v. Navarro, No. 15-415 (June 20, 2016), to resolve a circuit court split regarding whether “service advisors” are exempt from receiving overtime pay under the Fair Labor Standards Act (FLSA). Although the parties thoroughly...

 


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