10/8/2008: Mandatory Contribution to Health Benefits — A New Circuit Split on ERISA Preemption? (PDF) (Alston & Bird LLP)
5 pages. Excerpt: "[In Golden Gate Restaurant Assoc. v. City and County of San Francisco] Plaintiff and the Secretary of Labor as amicus made two central preemption arguments. First, they argued that the city-payment option creates an ERISA plan. Second, they argued that even if the city-payment option does not establish an ERISA plan, an employer's obligation to make payments at a certain level 'relates to' the ERISA plans of covered employers and is thus preempted. The Ninth Circuit rejected both arguments."
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