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February 25, 2008
Justice Kennedy Denies Stay of Enforcement of San Francisco Min. Health Care Ordinance
As previously reported on Adjunct Law Prof, in 2006 San Francisco passed a ordinance which required that most employers make certain health care expenditures for their employees or pay into a certain fund. There is a serious question about whether this Ordinance is preempted under ERISA.
As previously reported, a federal district judge held that this statute was preempted. The 9th Circuit, however, stayed enforcement of that lower court order. On Feb. 21, 2008, SCOTUS Blog reported that Justice Kennedy refused to bar the enforcement of this Local Law. The 9th is scheduled to hold an expedited hearing on the dispute on April 17. No health expenditures need be made under the law until April 30.
This is an important decision to watch.
Mitchell H. Rubinstein
February 25, 2008 in Employee Benefits Law | Permalink
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