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Labor/Employment

Aug. 30, 2023

San Francisco can’t force airlines to offer certain employee benefits

The two civil penalty provisions in the Healthy Airport Ordinance “carry the force of law and thus render the city a regulator rather than a market participant,” wrote 9th U.S. Circuit Judge Consuelo M. Callahan.

The City and County of San Francisco unlawfully acted as a regulator through an ordinance that requires airlines to provide certain health benefits to their employees or face civil penalties, the 9th U.S. Circuit Court of Appeals ruled.

In a 2-1 opinion published Tuesday, a circuit panel reversed a district court’s order in favor of San Francisco. The two civil penalty provisions in the Healthy Airport Ordinance “carry the force of law an...

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