Case Updates
Fourth Circuit rejects Maryland’s Fair Share Act
January 17, 2007
The Fourth Circuit agreed with NCLC and upheld the district court ruling rejecting Maryland’s Fair Share Act, also known as the “Wal-Mart” law, because it was preempted by ERISA.
U.S. Chamber files amicus brief
November 07, 2006
NCLC urged the Fourth Circuit Court of Appeals to uphold the district court ruling rejecting Maryland’s Fair Share Act, also known as the “Wal-Mart” law, because it was preempted by the Employee Retirement Income Security Act (ERISA). The law would have required large employers to earmark a percentage of payroll spending for health care costs or divert an equal amount of money into a fund to supplement the state’s Medicaid budget. The Maryland General Assembly enacted the Fair Share Act in January 2006, which would have applied only to for-hire employers with more than 10,000 employees, criteria met only by Wal-Mart.