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An ERISA decision in California may lend support for Massachusetts "Fair Share" Penalty

This article is more than 11 years old.

A federal appeals court in California has ruled that a penalty on employers in San Francisco who don't offer health coverage is legal. A business group challenged the fee, calling it a violation of the federal ERISA law that regulates most employee health benefits. The decision is good news for supporters of a similar penalty on employers with 11 or more workers in Massachusetts. The Golden Gate Restaurant Association plans to appeal the decision to the Supreme Court. By chance, the Patrick administration has just expanded the pool of employers who will have to pay a fee if they don't provide fair and reasonable health coverage. Celia Wcislo argues in favor of the move in the entry above.

This program aired on October 1, 2008. The audio for this program is not available.

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