Legal California s state-run retirement savings program not preempted by ERISA - 9th Circuit
Daniel Wiessner
4 minute read
A gavel and a block is pictured at the George Glazer Gallery antique store in this illustration picture taken in Manhattan, New York City, U.S., August 18, 2020. REUTERS/Andrew Kelly/Illustration
A U.S. appeals court on Thursday said California s state-run individual retirement account program for workers is not governed or preempted by the federal law on employee benefits, even if its mandatory contributions are irritating or even burdensome to some employers.
A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals said the CalSavers program created in 2017 is not an employee benefit plan under the Employee Retirement Income Security Act of 1974 because it is maintained by the state and does not require private employers to establish their own retirement plans.
San Francisco Hall of Justice, which houses County Jail No. 4. (Courthouse News photo via Wikipedia)
SAN FRANCISCO (CN) A federal judge wrongly ordered two San Francisco county jails to provide an hour of access to outdoor sunlight per week to pre-trial inmates locked up for more than four years, an attorney for the city argued before three Ninth Circuit judges Thursday.
“There is no per se constitutional right to outdoor recreation under either the Eighth or the Fourteenth amendments,” Deputy City Attorney Kaitlyn Murphy said, referring to the U.S. Constitution’s prohibition on cruel and unusual punishment and its guarantee of the right to due process.
FAIRFIELD-SUISUN, CALIFORNIA
Gun enthusiasts view AR-15 semiautomatic assault rifle upper receiver parts and kits at a 2015 gun show in Del Mar, Calif. (Allen J. Schaben/Los Angeles Times/TNS)
Ruling that struck down California ban on large-capacity gun magazines is vacated for rehearing
SAN DIEGO A recent appellate court decision that struck down California’s ban on possessing large-capacity gun magazines has been vacated as a broader panel of the court readies to rehear the San Diego-based case.
The appeal was initially decided in August in a split decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals. In a filing Thursday, the court’s chief judge said a majority of active, nonrecused judges voted that the case should be reheard en banc, or by a larger panel of 11 judges. For unknown reasons, two judges did not participate in deliberations or vote on the decision to rehear: John Owens, an Obama appointee based in San Diego, and Daniel Bress, a recent Tr
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