6th Circuit Appeals Panel Says City Ordinance Is Not Preempted By ERISA

Mealey's (January 8, 2018, 1:42 PM EST) -- CINCINNATI — An ordinance outlining the city of Cincinnati’s requirements for the award of construction contracts for water works jobs is not subject to preemption by the Employee Retirement Income Security Act because the city was acting as a proprietor rather than a regulator, the Sixth Circuit U.S. Court of Appeals said Jan. 4 in reversing a district court’s ruling (Allied Construction Industries v. City of Cincinnati, Nos. 2016-4248, 2016-4249, 6th Cir., 2018 U.S. App. LEXIS 214)....