The Ninth Circuit holds in Golden Gate Restaurant Association v. City and County of San Francisco that ERISA does not preempt the employer spending requirements of the Ordinance.
Document Excerpt
Plaintiff Golden Gate Restaurant Association (“the Association”) challenges the employer spending requirements of the newly enacted San Francisco Health Care Security Ordinance (“the Ordinance”). The Association argues that the federal Employee Retirement Income Security Act of 1974 (“ERISA”) preempts the employer spending requirements of the Ordinance either because those requirements create a “plan” within the meaning of ERISA or because they “relate to” employers’ ERISA plans.
Link http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7247887E88BB6AE7882574D3007D1157/$file/0717370.pdf
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