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Text of Federal Appellate Decision Upholding Preemption of Maryland 'Fair Share' Law (PDF)
U.S. Court of Appeals for the Fourth Circuit 
Jan. 22, 2007
36 pages. The Maryland law required employers with 10,000 or more Maryland employees to spend at least 8% of their total payrolls on employees' health insurance costs or pay the amount their spending falls short to the State of Maryland. The Act's minimum spending provision was crafted to cover just Wal-Mart. The Fourth Circuit upheld the decision of a federal district court that found ERISA preempts (makes unenforceable) the Maryland statute.
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