Yesterday afternoon, U.S. Supreme Court Justice Kennedy declined to grant the request by the Golden Gate Restaurant Association to vacate the 9^th Circuit Stay of the District Court’s decision. Justice Kennedy provided no written opinion as to the basis for his decision.

In brief, employers subject to the employer spending requirement must continue their efforts to meet the terms of the Ordinance, for now. On April 17, 2008 the 9^th Circuit is scheduled to hear the original appeal by the City to reverse the District Court decision eliminating the Employer Spending Requirement.

In light of Justice Kennedy’s holding, employers with 50 ore more employees must have proof of compliance or make payments to the City Program by April 30, 2008. As of April 1, 2008, employers with 20 or more but less than 50 employers must either comply with the Ordinance or pay the City for the first time by July 31, 2008.

Court watchers expect the 9^th Circuit will issue its ruling after the April 17, 2008 hearing but prior to April 30, 2008. We also can expect that the losing side will approach the Supreme Court once the 9^th Circuit issues its ruling.

We will keep you advised.

Copyright © 2008 Alfred B. Fowler, Attorney at Law.
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