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Judge Overturns Wal-Mart Health Care Law


Judge Overturns Wal-Mart Health Care Law
Wednesday July 19, 6:19 pm ET
By Brian Witte, Associated Press Writer
Judge Rules Law Requiring Wal-Mart to Spend More on Employee Health Care in Maryland Is Invalid

BALTIMORE (AP) -- A first-of-its-kind state law that would have required Wal-Mart to spend more on employee health care in Maryland is invalid under federal law, a judge ruled Wednesday.

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

The Associated Press
Updated: 10:43 a.m. ET Jan. 13, 2006

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’
Critics of the legislation called it a dangerous precedent that ultimately would cost Maryland jobs.

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
Some Maryland Democrats had harsh words for Wal-Mart. “Don’t dump your employees that you refuse to insure into our Medicaid system,” said the bill’s sponsor, Sen. Gloria Lawlah.

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 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

© 2006 MSNBC.com

URL: http://www.msnbc.msn.com/id/10827217/from/ET/

 

Breakaway unions target Wal-Mart workers
Change
to Win Coalition pledges to organize retailer's employees

The Associated Press

Updated: 6:03 p.m. ET Sept. 27, 2005

 

ST. LOUIS - Leaders from unions that broke away from the AFL-CIO pledged Tuesday to organize Wal-Mart Stores Inc. workers and reach out to those who lost their jobs due to Hurricane Katrina.

 

The Change to Win Coalition met for its founding convention in St. Louis. In between official business — adopting a new constitution and electing leaders of the new labor federation — the event resembled a rally for the 460 delegates. They often stood and cheered speeches by labor leaders or comments from workers who recounted their own battles.

 

Teamsters President James P. Hoffa and UNITE HERE President Bruce Raynor called on the coalition to organize workers at Wal-Mart, the world’s largest retailer.

 

Wal-Mart “contributes nothing to America but more poverty and they’ve got to be stopped,” Raynor said.

 

Labor leaders said they weren’t just repeating the same old message about Wal-Mart, but formulating plans to help those workers gain the right to organize.

 

“You bet your life there’s a renewed commitment,” Raynor told a news conference.

 

Wal-Mart officials said the average employee earns twice the federal minimum wage, and three quarters of its store management team began as hourly workers.

 

“Wal-Mart is committed to making a positive contribution to working families and we do it every day,” spokeswoman Christi Gallagher said. “We’re disappointed that some continue to ignore the facts and fail to provide any real vision for the future.”

 

Hoffa also said the new coalition will do what it can to assist hundreds of thousands of workers who lost their jobs when their Gulf Coast communities were destroyed by Hurricane Katrina.

 

“We have a strategy to train workers to rebuild their communities,” Hoffa said. “We must learn from this tragedy and help these workers start over. We must help our fellow Americans build new communities and new lives.”

 

He said unions will train workers in hard-hit areas, from Teamsters training drivers to carpenters helping construction workers learn new skills.

 

Organizers hope the new coalition will revitalize the nation’s labor movement.

 

The delegates adopted a new constitution by a voice vote. The delegates seated at long tables rose to their feet, applauding in time to the beat of blaring music. The 10-member leadership council then elected the federation’s leaders, official recognition for Chairwoman Anna Burger and Secretary-treasurer Edgar Romney.

 

Burger said when she was growing up; unions represented one of every three workers. Now, they represent one in 10.

 

“Union power puts bread on our tables, roofs over our heads. It sends our children to college, and union power helps us retire with security,” she said.

 

The seven unions — including the Teamsters, Service Employees International Union, and the United Food and Commercial Workers — represent about 5.4 million workers.

 

The unions recently left the AFL-CIO, which has about 8.8 million members, charging that the nation’s largest labor federation was unable to halt declining membership. They argued that the AFL-CIO should shift emphasis from backing political candidates to organizing new members.

 

The new coalition is positioning itself in Hoffa’s words, as “a lean, mean organizing machine.”

 

The organization is calling for its leadership strength to come from its affiliates, not the federation, though the group will have an executive office, a strategic organizing center and a central organizing fund.

 

Its budget will come from charging its international unions 25 cents per capita for each union member. It plans to spend 75 percent on organizing and 25 percent on executive functions.

 

A worker attending the gathering, Georgia Lambert, 58, of Kansas City, said she liked what she was hearing about a commitment to diversity and greater organizing.

 

“It’s a little bit different today. Everyone seems to be going forward, ready to burst, ready to go,” Lambert said.

 

AFL-CIO President John Sweeney said in a statement that everyone in the union movement supported the same things, a tremendous increase in organizing and political action by working people.

 

He said the money Change to Win saved from leaving the AFL-CIO would be small compared to the cost of organizing and hadn’t warranted the split.

 

“Their way leaves all working people weakened and vulnerable, not stronger,” he said.

 

© 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

 

© 2005 MSNBC.com

URL: http://www.msnbc.msn.com/id/9505486/

 

 

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