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Massachusetts Fair Share Rule Would Fall Under ERISA
Prof. Edward A. Zelinsky in WBUR FM
[Opinion] Sept. 28, 2008
Excerpt: Federal law, in particular, the Employee Retirement Income Security Act of 1974 (ERISA) preempts [the Massachusetts] state-imposed employer mandate and others like it. As a matter of policy, federal law should not preempt in this fashion. But, until Congress changes ERISA, it does.
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