Whether state and local play-or-pay laws that require employers to make minimum monthly healthcare expenditures for their covered employees relate to ERISA plans and are thus preempted by the Employee Retirement Income Security Act of 1974 (ERISA).
September 3, 2020
The Restaurant Law Center, Washington Hospitality Association and others file brief as amici curiae in support of the plaintiff.
March 17, 2021
The Ninth Circuit issued its decision.
May 10, 2021
The Restaurant Law Center and other trade associations filed a brief as amici curiae in support of the plaintiff’s petition for rehearing the case.
September 1, 2021
The Ninth Circuit issued its ruling on the Petition for Rehearing En Banc.
February 18, 2022
Amici filed in support of Certiorari Petition to U.S. Supreme Court arguing that, in adopting ERISA, Congress sought to create a national, uniform system for regulating employee benefit plans. Seattle’s ordinance obligations are particularly problematic in light of the toll the COVID-19 pandemic and resulting restrictions have taken on a wide variety of restaurant, hospitality, independent, retail, and franchise businesses. At a time when every level of government should be working to ease burdens on businesses for the benefit of their communities and employees, Seattle seeks to illegally add additional burdens that many businesses simply will be unable to bear. The U.S. Supreme Court should intervene and reverse the decision of the Ninth Circuit.