 |
|
Office of Labor Standards Enforcement
GGRA Litigation
In November of 2006, the Golden Gate Restaurant Association (GGRA) filed a lawsuit challenging the Employer Spending Requirement (ESR) of the HCSO.
The following provides a brief chronology of events related to the lawsuit:
- December 26, 2007: The parties filed Motions for Summary Judgment in July of 2007, and a hearing on these motions was held on November 2, 2007. The District Court's written decision (PDF), which ruled that the ESR was invalid, was issued on December 26, 2007.
- December 27, 2007: The City & County of SF files an Appeal and Emergency Motion for a Stay Pending Appeal, asking the Ninth Circuit Court of Appeals to allow the ESR to go into effect on January 2, 2008.
- January 9, 2008: The Court of Appeals grants the City's Motion for a Stay, which allows the ESR to go into effect, pending the City's appeal of the District Court's decision. To download a copy of the Court of Appeals' ruling, use this link (PDF).
- February 7, 2008: The GGRA files an application to the U.S. Supreme Court, seeking to lift the Court of Appeals' ruling.
- February 21, 2008: Justice Kennedy denies the GGRA's application, and the ESR continues to be in effect pending the City's appeal of the District Court's decision.
- April 17, 2008: Oral argument on the City's appeal is heard by the Court of Appeals.
- September 30, 2008: The Court of Appeals issues a decision reversing the District Court's ruling and upholding the ESR of the HCSO. To download a copy of the Court of Appeals' ruling on the appeal, use this link (PDF ) .
- October 2008: The GGRA requests en banc hearing by the Court of Appeals.
- December 2008: The City & County files its response to the GGRA's request.
- March 9, 2009: The Court of Appeals denies the GGRA's request for a rehearing en banc. To download a copy of the Court of Appeals' ruling, use this link (PDF).
- March 18, 2009: The GGRA files an emergency application to the U.S. Supreme Court, seeking to prevent the City from continuing to implement the ESR while GGRA prepares its appeal, which is due June 8, 2009.
- March 30, 2009: Justice Kennedy denies the GGRA's application, and the ESR continues to be in effect.
- June 8, 2009: The GGRA files a petition with the U.S. Supreme Court, requesting the Court to rule on the legality of the ESR. The U.S. Supreme Court is anticipated to decide whether to hear the case by October or November of 2009.
- October 5, 2009: The U.S. Supreme Court invites the Solicitor General to file a brief expressing the federal government's views on the GGRA's petition. After the Solicitor General has filed her brief, the Court will decide whether to hear the case.
The Court of Appeals' September 30, 2008 decision upholding the ESR continues to be in effect for all covered businesses.
If you would like to be added to the HCSO email list to receive updates on the litigation, presentation schedules, and other information regarding implementation of this law, please send an email, with "mailing list" in the subject line, to HCSO@sfgov.org.
|
|
|