Consumer Watchdog today asked California Atty. Gen. Jerry Brown to investigate major health insurers that have asked their workers to lobby Congress -- during business hours -- to weaken health reform. United Healthcare and Wellpoint have launched national campaigns to individually "assist" employees in writing and calling members of Congress. Such individual coercion, with results tracked by the employer, is almost certainly illegal under the California Labor Code, said Consumer Watchdog.
The letter said:
"We write to request that you investigate actions by health insurance companies Anthem/Wellpoint and United Healthcare that may violate the right of employees in California to be free of political pressure by employers. Both companies are urging their employees to lobby members of Congress and offering corporate assistance in doing so, including talking points and even the placing of phone calls for the employees. We believe that such individual political coercion by an employer is illegal under the California Labor Code.
- "United Healthcare has sent a general letter to employees, asking them to contact members of Congress to urge weakening of health care reforms. The letter contains this language: 'As part of our effort to educate and assist you in your efforts to communicate your view to your elected officials, YOU MAY BE CONTACTED during business hours by a member of the United for Health Reform advocacy team.'...
- "Anthem/Wellpoint sent what appears to be an undated general employee e-mail carrying the Anthem logo. The e-mail urges employees to 'make your voice heard' by visiting a 'grassroots website,' the Wellpoint Health Action Network, 'to assist you with contacting your elected officials... about this important issue.'
"The message, by claiming that "tens of millions of Americans" would lose private insurance coverage and "end up in a government-run plan," also implies that employees would lose their jobs if proposed national reforms are passed."
The letter cites the relevant law:
"While coercive communications with employees may be legal, if abhorrent, in most states, California's Labor Code appears to directly prohibit them. The relevant codes are:
Section 1101. Rule, regulation or policy as to political activities or affiliations
No employer shall make, adopt, or enforce any rule, regulation, or policy:
(a) Forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office.
(b) Controlling or directing, or tending to control or direct the political activities or affiliations of employees.
Section 1102. Coercing or influencing political activities of employees