Ninth Circuit Court of Appeal Upholds Enforceability of San Francisco Ordinance Mandating Employer Spending for Health Care

more+
less-

Last year, San Francisco enacted its Health Care Security Ordinance (?HCSO?) in an effort to ensure that all individuals who live or work in San Francisco have access to affordable healthcare. The HCSO was to become effective in January 2008. The fate of the HCSO became uncertain when, on December 26, 2007, a U.S. district court held that the HCSO was preempted by ERISA and issued an injunction prohibiting its enforcement. Golden Gate Rest. Ass?n v. San Francisco, 535 F. Supp. 2d 968 (N.D. Cal. 2007). On January 9, 2008, however, the Ninth Circuit Court of Appeal stayed the injunction, allowing the HCSO to be enforced until it could make a final determination regarding ERISA preemption. Golden Gate Rest. Ass?n v. San Francisco, 512 F.3d 1112 (9th Cir. 2008). In granting the stay, the Ninth Circuit indicated that the HCSO would likely be found to be valid and enforceable.

See full newsletter for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Written by:

more+
less-

Manatt, Phelps & Phillips, LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×