Ninth Circuit Allows San Francisco Mandate to Go Forward
Remember San Francisco's emergency petition to the U.S. Court of Appeals for the Ninth Circuit? The one asking the appellate court to set aside the trial court's order that ERISA preempted the city's ordinance requiring employers to spend a percentage of their revenue on health care? The Ninth Circuit panel agrees with San Francisco. It reversed the trial court's ruling today. You can read about it in the San Francisco Chronicle here. The take of Workplace Prof blog is here. The decision is here.
The war over this ordinance is not over. But the City has won this battle. I'm sticking with my prediction that, in the end, ERISA will end up preempting the ordinance.