Posted on May 23, 2006 by John Parnass

Apprentice Training Rules Not Preempted by ERISA

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You'll have to be somewhat of an ERISA junkie to enjoy the full scope of this 9th Circuit decision, which turns away a preemption challenge to Oregon's apprentice training system.

Oregon evaluates an application to form a new apprentice training committee based in part on a "needs" requirement -- that is, whether the new proposed committee is necessary to the relevant occupations. The 9th Circuit, while historically somewhat inclined to read ERISA preemption broadly, here declines to override this "needs" rule, thereby giving the State latitude to run its own show.

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