San Francisco Health Care Security Ordinance Is Preempted By Federal Law
Golden Gate Restaurant Ass’n v. City and County of San Francisco, No. C 06-06997-JSW (N.D. Cal. filed Dec. 26, 2007)
In 2006, the San Francisco Board of Supervisors passed and the Mayor signed into law the San Francisco Health Care Security Ordinance which, among other things, would have required employers with more than 20 employees to make health care expenditures on behalf of their employees. The ordinance was scheduled to go into effect on January 1, 2008. The District Court held that the ordinance is preempted by federal law, specifically the Employee Retirement Income Security Act of 1974 (ERISA), and enjoined its implementation.
