“Four municipalities recently passed responsible contractor ordinances which specify certain criteria that a contractor must satisfy to be eligible to perform work valued over a certain monetary threshold for those municipalities. … the ordinances’ require… that all bidders on qualifying public works projects participate in a so-called “Class A Apprenticeship Program” … expense of their nonunion competitors and taxpayers. The plaintiffs … arguing that the apprenticeship-program-participation requirement is not rationally related to any legitimate government purpose.
…
…the court agrees with the defendants that ERISA does not preempt the ordinances because they do not “refer to” or have a “connection with” ERISA-covered plans … and even if they did, the market participant exception would preclude preemption here.