Labor & Employment Law

Arguments for a stay in Golden Gate Restaurant Assn v San Francisco

Golden Gate Restaurant Association's Application for Order Staying Mandate in Golden Gate Restaurant Assn v. City of San Francisco , filed March 16, contains the following arguments:

There is a reasonable probability the Court will grant certiorari.

This case present nationally significant issues.

The opinion creates a dramatic split between circuits.

The opinion contradicts existing Supreme Court precedent.

The opinion improperly expands traditional areas of state regulation.

The opinion contradicts settled preemption law.

There is a significant probability that the District Court will be affirmed.

ERISA preempts state laws bearing a connection with or making reference to employee benefit plans.

The ordinance bears an impermissible connection with employee benefit plans in that it (a) interferes with a core area of ERISA concern, (b) interferes with uniform plan design and administration, (c) imposes recordkeeping, inspection and other burdens on plan sponsors and administrators.

The ordinance makes unlawful reference to employee benefit plans.

Full post as published by Ross' Employment Law Blog on March 18, 2009 (boomark / email).