In 2005, Maryland passed the Fair Share Health Care Fund Act which required that companies with more than 10,000 workers spend at least 8 percent of their payroll for employee health care or make up the difference in an equivalent payment to the state. Walmart was the most obvious target of the Fair Share Act.
Last week, in Retail Industry Leaders v. Fielder, the Fourth Circuit in a split decision upheld the decision by District Judge Motz that the new law was unconstitutional. Judge Niemeyer wrote the opinion, joined by Judge Traxler, with Judge Michael dissenting.
The Baltimore Sun had this article on the decision. The Insurance Journal had this article about the decision.