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Pay or Play Acts, the Ninth Circuit, and the Never Ending Law of Unintended Consequences
Stephen Rosenberg, The Wagner Law Group
[Opinion] Oct. 5, 2008 Excerpt: Among the most prominent decisions issued while I was in court was, obviously, the Ninth Circuit's ruling finding that San Francisco's pay or play law was not preempted by ERISA. Can't say I buy that one. Whatever is the scope of preemption in the field of ERISA, it logically reaches state efforts that result in a multi-jurisdictional company having to comply, with regards to its employee benefit plans, with a differing web of regulation that varies from one state to the next. Of more interest, perhaps, is the wide ranging group of consequences, some predictable and others unintended, that the Ninth Circuit ruling likely unleashes. MORE >> |
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