Health (8% payroll tax) Bill marks Union's first victory against Wal-Mart in MD

Baltimore Sun ^ | 4/15/05 | Andrew A. Green and David Nitkin

[marylandrepub1]

The groundbreaking legislation passed by the Maryland General Assembly this month requiring Wal-Mart to pay more of its workers' health care costs is the first victory in a nationwide effort by the Service Employees International Union to change the retail giant's labor practices. The union doesn't represent retail or grocery workers in Maryland but has turned the state into a testing ground for its campaign to oppose Wal-Mart strategies that union President Andrew L. Stern says are driving down wages and benefits for other workers.

The legislation requires a company with more than 10,000 employees to spend at least 8 percent of its payroll on worker health care. Otherwise, the company must pay the difference into a state fund to expand health coverage. Wal-Mart is the only firm that would be affected.

The bill faces a veto threat from Gov. Robert L. Ehrlich Jr. and is the object of national scorn from conservatives, including radio talk-show host Rush Limbaugh.

[marylandrepub1]

"The legislation requires a company with more than 10,000 employees to spend at least 8 percent of its payroll on worker health care. Otherwise, the company must pay the difference into a state fund to expand health coverage. "

In the 2004 election John Kerry and Democrats claimed that they would give tax incentives to businesses for hiring people. This was Kerry’s ‘big’ idea to show Bush up. The promise was ridiculous and outrageous as Democrats have a history of doing the opposite, taxing job creation like they are doing here. The SS payroll tax, Medicare tax, unemployment tax, income tax and now this medical benefits tax, all punish businesses for hiring people and democrats are constantly thinking of more.

Maryland has a huge supply of unskilled uneducated poor labor. These compassionate liberals are just outlawing the creation of jobs for these people(who the union does not represent), as well as raising the prices they have to pay. Stay tuned for more crocodile tears for the poor from Maryland liberals.

[mewzilla]

"The legislation requires a company with more than 10,000 employees to spend at least 8 percent of its payroll on worker health care. Otherwise, the company must pay the difference into a state fund to expand health coverage. "

Gee, if John Q. Public tried that he'd be charged with extortion....

[TenthAmendmentChampion]

Is this constitutional, requiring any company to spend any of its money on any particular expense??

[Piquaboy]

What constitution? They only go to that when it is of benefit.

[Rokurota]

Is this constitutional, requiring any company to spend any of its money on any particular expense??

Shouldn't be...but since the government has been doing it to individuals for decades, why not business?

[G.Mason]

Without a veto, Walmarts will be gone from there post haste.

Buh bye Merryland, hello Delaware. ;)

[CSM]

Great news! It always warms my heart when capitalism is further destroyed and the evil corporations get their due!

(Do I really need a sarc tag?)

[Gatún(CraigIsaMangoTreeLawyer)]

Wal-Mart needs to move out of Maryland, and let the state figure out what do with all those left unemployed.

[Mr. Jeeves]

This is why the government hates small business and loves and helps big companies so much, despite the occasional phony rhetoric from "progressive" Democrats. It's much easier politically to roll out National Health Care by coopting a few CEOs and pretending the system is remaining private than it would be to roll out a full scale HillaryCare plan with trumpets and cherubs.

When 90% of American work for big companies, belong to unions who negotiate with big companies, and get their health care in government-specified amounts through big companies, the Democrats will have achieved their dream of a socialist America through stealth.

[goldstategop]

Exactly. Punish Wal-mart because it doesn't contribute to Democratic Party campaign coffers. This from the party that champions the interest of working people - put them out of work! Like Captain Ahab, the left's kooks must have their revenge.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[bert]

It is a very discriminatory health care tax.

Lawyers need toe involved to have it rescinded.

[G Larry]

Tomorrow's headline...

"Walmart moves 5002 employees out of MD!"

[tahiti]

"The legislation requires a company with more than 10,000 employees to spend at least 8 percent of its payroll on worker health care. Otherwise, the company must pay the difference into a state fund to expand health coverage. Wal-Mart is the only firm that would be affected."

Maryland Constitution

Art. 2. The Constitution of the United States, and the Laws made, or which shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and shall be bound thereby; anything in the Constitution or Law of this State to the contrary notwithstanding.

This gives jurisdiction of the U.S. Constiutution within the boundaries of state of Maryland.

U.S. Constitution

Amendment V

"nor shall private property be taken for public use without just compensation."

Nixon v Shrink (2000)

Justice Stevens, comcurring.

"Therefore, I make one simple point. Money is property."

Amendemnt XIV

This Maryland law is blatantly unconstitutional.

With that being the case, Wal-Mart has the following remedy for the damages and injury they will incur:

HAFER v. MELO, 502 U.S. 21 (1991)

monetary damages under 42 U.S.C. 1983

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured. . . ."

We hold that state officials, sued in their individual capacities, are "persons" within the meaning of 1983. The Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under 1983 solely by virtue of the "official" nature of their acts.

The judgment of the Court of Appeals is Affirmed.

Go get them stockholders of Wal-Mart, the individual owners of Wal-Mart.

[cleo1939]

If I were Wallmart I'd close up shop in maryland period.

Take the hit they can stand it.

With 10,000 newly unemployed in maryland I suspect the new
law will quietly go away into the mist of the moore.

My spell checker wants me to give maryland the "M" and I
will when they earn it.

[acelatek]

When the Canadian unions tried to force Wal-Mart to hire only union employees, Wal-Mart simply shut the store down. Though I do shop at Wal-Mart, and am a resident of Maryland, I would applaud them if they did the same here.

[KevinDavis]

The Walmart bashers should have a field day.

[RebelBanker]

Truth in advertising would have required the proposal to be called the "F##k Wal*Mart" bill. This is a really blatant attempt by Giant Foods and its unionized workforce to keep Wal*Mart from being able to do business.

The real kicker is that Wal*Mart is working on a distribution center on the Eastern Shore that would employ a significant number of people. The site happens to be in Senate Minority Leader J. Lowell Stoltzfus's (R - Somerset County) district.

[massgopguy]

"Wal-Mart is the only company that would be affected". That my friends is a Bill of Attainder.

[WideGlide]

Tomorrow's headline will more likely be WalMArt closes Maryland stores and fires 5002 employees.

[The Great RJ]

I wonder if the State of Maryland passes this test for its workers? Note the law only seems to apply to businesses.