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The state law would have required non-governmental employers with 10,000 or more workers to
spend at least 8 percent of payroll on health care or pay the difference in taxes. The measure was aimed at Bentonville, Ark.-based
Wal-Mart Stores Inc., which has been under attack by critics who say that its inadequate health care offering is forcing some
employees to use state-funded plans.
U.S. District Judge J. Frederick Motz decided that the Maryland Fair Share Health Care Fund
Act would have hurt Wal-Mart by requiring it to track and allocate benefits for its Maryland employees in a different way
from how it keeps track of employee benefits in other states. Motz wrote that the law "imposes legally cognizable injury upon
Wal-Mart."
Motz cited the federal Employee Retirement Income Security Act, which he said pre-empts "any
and all state laws insofar as they may now or hereafter relate to any employee benefit plan."
"My finding that the act is pre-empted is in accordance with long established Supreme Court
law that state laws which impose health or welfare mandates on employers are invalid under ERISA," Motz wrote in his 32-page
opinion.
Wal-Mart Chief Executive Lee Scott said the ruling meant businesses would not have to contend
with different standards in different states for health coverage.
"The thing that we find encouraging is that there is going to be consistency, that the federal
government is going to be the control point on health insurance and these kinds of issues, so that commerce itself, businesses,
will be able to have one set of standards that they work against," Scott said during an appearance on the Rev. Al Sharpton's
syndicated radio show.
Kevin Enright, a spokesman for the Maryland attorney general's office, said the state would
appeal to the 4th U.S. Circuit Court of Appeals in Richmond, Va.
Enright said the state disagreed with Motz on several counts, particularly in finding that
the law is pre-empted by ERISA.
"Supreme Court precedent makes it clear that this law does not impermissibly impact health
benefit plans," Enright said. "Employers may choose to pay the tax or avoid paying the tax in several ways."
In Maryland, where state budget writers were looking for ways to rein in a $4.6 billion annual
Medicaid tab, the Wal-Mart law was seen as a way to encourage companies to keep employees off public rolls. It became law
last winter when the Democratic legislature overrode a 2005 veto by Republican Gov. Robert Ehrlich.
The Retail Industry Leaders Association, of which Wal-Mart is a member, filed the lawsuit in
February to contest the legislation. The Arlington, Va.-based group contended the law unfairly targeted the world's largest
retailer.
RILA President Sandy Kennedy said the ruling sent a message that employer health plans are
governed by federal law and "not a patchwork of state and local laws."
"It also is a clear message that similar bills under consideration in other states and municipalities
violate federal law as well," Kennedy said.
Other states have considered bills similar to Maryland's law, although no other state has adopted
one.
Nu Wexler, a spokesman for Wal-Mart Watch, one of Wal-Mart's most vocal union-funded critics,
said the ruling doesn't change the fact that Wal-Mart's health care plan is "unaffordable and inaccessible for its employees."
"Until large employers and the federal government take action, other states will continue to
seek individual solutions to the health care crises plaguing their states," Wexler said.
Wal-Mart has 53 stores and two distribution centers in Maryland and employs nearly 16,000 people
in the state.
State Senate President Thomas V. Mike Miller said the law was necessary.
"What's happening in Maryland is that all citizens of the state are subsidizing Wal-Mart because
we are paying for their employees when they show up at emergency rooms at hospitals," he said.
Motz pointed out that lawyers for the state had argued that the Maryland law amounted to a
"payroll tax" and therefore was outside federal jurisdiction. However, the judge said the purpose of the law clearly was not
to raise revenue for the state.
"To the contrary, its purpose was to force Wal-Mart to increase the level of its health care
benefits," Motz wrote.
Without the court's intervention, the law would have taken effect in January.
Lawyers for the state argued that Wal-Mart was free to pay a penalty -- estimated at $6 million
a year -- instead of providing better benefits. State lawyers also argued that as another alternative, the retailer could
have set up clinics for its employees. Motz rejected both arguments, saying no company would make those choices rather than
increase health care for its workers.
Motz owned Wal-Mart stock when the case, with RILA as the sole plaintiff, was randomly assigned
to him. He said Wednesday in an interview that he sold the shares as soon as he realized Wal-Mart was involved.
"As soon as someone brought it to my attention, I immediately sold the stock," Motz said.
Legislature overrides veto; unions seek similar laws in 30 more
states ANNAPOLIS, Md. - Maryland legislators voted Thursday to enact a first-in-the-nation
requirement that Wal-Mart Stores Inc. spend more on employee health care. The measure, touted as a money-saver for the state-supported
Medicaid program, takes effect despite the governor’s veto of the bill. Labor unions have said they are seeking similar legislation this year
in at least 30 other states. Supporters say the retailing giant unfairly takes advantage of taxpayer-funded health care plans
because some workers can’t afford Wal-Mart’s health insurance. “The taxpayers are giving a health-care subsidy to the largest
retailer on earth,” argued Democratic Delegate Kumar Barve. The House and Senate, both controlled by Democrats, both
notched the three-fifths margins needed to override a veto last May by Republican Gov. Robert Ehrlich. The bill requires companies with more than 10,000 Maryland employees
to spend at least 8 percent of their payroll on employee health care or pay the difference into the state’s Medicaid
fund. Of the state’s large employers, only Wal-Mart spends less than 8 percent on health care. The company employs about 17,000 Marylanders at more than 40 Wal-Mart
and Sam’s Club stores, and about 1.3 million people nationwide. Claims of ‘a slippery slope’ A Wal-Mart executive called the bill a poorly worded mandate for a
single company. Wal-Mart spokeswoman Mia Masten said Thursday that the bill “could be the beginning of a slippery slope.”
“We believe everyone should have access to affordable health
insurance, although this legislation does nothing to accomplish that,” said Masten, who said the retailer may partially
pull out of Maryland because of the bill. She said Wal-Mart was unfairly singled out because of “partisan
politics” and that Medicaid’s problems go beyond the behavior of one company. The veto override had been one of the session’s most intensely
lobbied, with business groups taking out print ads supporting a veto and labor groups rallying and taking out their own ads
siding with supporters. The decision is being closely watched by labor unions and legislatures
around the country. “We expect that today’s vote will generate important momentum
in many other state legislatures,” said Nu Wexler, a spokesman for Washington-based Wal-Mart Watch, which is funded
by a union. The unions have said the states they will focus on include Colorado,
Connecticut and Washington. Harsh words for retailer In the House, Delegate Anne Healey compared Wal-Mart to a schoolyard
bully. But House Republican Leader George Edwards called the measure an unwarranted intrusion into private enterprise. “If you don’t want to work for Wal-Mart, no one’s
twisting your arms. Go somewhere else and work,” Edwards said. The company is under legal pressures around the country. In Pennsylvania, a judge this week approved a class-action lawsuit
by employees who say the company pressured them to work off the clock. Last month, a California jury awarded workers $172
million for illegally denied lunch breaks, and Wal-Mart settled a similar Colorado case for $50 million. The company is appealing the California verdict and may pursue an appeal
of the class-action certification in Philadelphia. A spokeswoman for Wal-Mart, Sarah Clark, said a law like Maryland’s
“does nothing to help the 46 million uninsured individuals in this country.” © 2006 MSNBC.com
Breakaway
unions target Wal-Mart workers |
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