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Restaurant association appeals health mandate ruling

Recently we have attended Web Marketing expo in Moscone Center, after which we decided to have lunch at Metreon food court. I was really surprized looking at the receipt showing extra charge to recover health benefits expenses of the restaurant owner… Instead of publishing higher prices for that sheety food they show lower prices, but charge high dollar… Anyways,

The Golden Gate Restaurant Assn. filed a petition Tuesday with the 9th U.S. Circuit Court of Appeals seeking a rehearing by the full court of last month’s decision by a three-judge panel that approved San Francisco’s health care spending mandate, said the association’s executive director, Kevin Westlye. Under the San Francisco ordinance, which went into effect in January, employers in the city must contribute to health care coverage to avoid fines.

The unanimous three-judge panel had ruled that the ordinance does not conflict with the Employee Retirement Income Security Act, which pre-empts state and local regulations that relate to employee benefit plans. The panel reasoned that the spending law does not “create an employee welfare plan.”