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Federal Courts Appear to Disagree on Whether ERISA Preempts State and Local 'Fair Share' / 'Play-or-Pay' Health Reform Laws
Groom Law Group 
[Guidance Overview] Mar. 13, 2008
Excerpt: In the past year, federal courts have addressed challenges to three different state and local 'fair share' (or 'pay-or-play') laws. The laws, passed in San Francisco, Suffolk County (New York), and Maryland, require employers to contribute certain minimum amounts toward the health care coverage of their employees. The district courts in all three cases held that the Employee Retirement Income Security Act of 1974 ('ERISA') preempted each law. But, a split appears to be emerging among some federal appellate courts.
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