Update on the Status of the San Francisco Health Care Ordinance
Posted by Nancy G. Berner
The holiday season brought at least temporary tidings of comfort to San Francisco employers when U.S. District Judge Jeffrey White ruled that a key provision of the City’s Employer Mandate for Healthcare – requiring employers to meet minimum contribution levels to employee health insurance benefits or help fund a city program – violates the 1974 federal Employee Retirement Income Security Act. In his most recent ruling, Judge White agreed with the Golden Gate Restaurant Association that the Employer Spending Requirement provision is preempted by federal law and granted summary judgment in its favor (click here to view the decision). The City responded swiftly with a request for an emergency stay of the ruling, pending an appeal, from the Ninth U.S. Circuit Court of Appeals. The Ninth Circuit did not rule immediately on the emergency stay, but agreed to hear oral argument on January 3rd.
Updates on this rapidly changing issue will be posted on this website as information becomes available. In the interim, please contact us directly to discuss any questions you may have relating to this matter.