Supreme Court Lets Stand San Francisco’s Health Care Ordinance

Third Quarter 2010Newsletters California Update Employment Law

In June, the U.S. Supreme Court declined to hear the appeal, brought by San Francisco employers, of a federal court's decision upholding the city's health care law. The ordinance, passed in 2007, requires employers to provide health insurance or pay into a city fund to provide insurance. An association of restaurants argued that the ordinance conflicted with federal ERISA law governing benefit plans. The Ninth Circuit Court of Appeals disagreed and upheld the ordinance. Despite an arguable split among the lower courts of appeal on this issue, the Supreme Court let the San Francisco law stand. San Francisco also imposes a super-minimum wage within the city and requires employers to provide paid time off.