Maryland’s "Wal-Mart" Act: Policy and Preemption

Authors

Edward A. Zelinsky, Benjamin N. Cardozo School of LawFollow

Publication Date

11-2006

Journal

Cardozo Law Review

Abstract

Maryland's Wal-Mart Act raises two fundamental questions: Is the Act legal? Does the Act represent sound policy?

With respect to the legality of the Maryland statute, I conclude that the Employee Retirement Income Security Act of 1974 (ERISA) preempts the Maryland law. As a matter of policy, the Maryland statute is ill-conceived. The Maryland Act raises prices on Wal-Mart's predominantly low-income customers and, for the long run, will reduce Wal-Mart's employment.

In the final analysis, Maryland's Wal-Mart Act is a poorly-designed exercise in political symbolism, rather than a carefully-crafted response to the pressing problem of health care in America.

Volume

28

First Page

847

Publisher

Benjamin N. Cardozo School of Law

Keywords

Wal-Mart, Employee Retirement Income Security Act of 1974 (ERISA), Preemption

Disciplines

Health Law and Policy | Insurance Law | Jurisdiction | Law | State and Local Government Law

Recommended Citation

Edward A. Zelinsky, Maryland’s "Wal-Mart" Act: Policy and Preemption, 28 Cardozo L. Rev. 847 (2006).
https://larc.cardozo.yu.edu/faculty-articles/226