Akers v. Director of Bureau of Labor Standards

Supreme Judicial Court of Maine
Akers v. Director of Bureau of Labor Standards, 506 A.2d 220 (Me. 1986)
1986 Me. LEXIS 715
Ette, Glassman, Nichols, Nik, Roberts, Scol, Viol, Wathen

Akers v. Director of Bureau of Labor Standards

Opinion of the Court

MEMORANDUM OF DECISION

The appellants, all former employees of the Wyandotte Mill in Waterville, appeal from a judgment in Superior Court, Kenne-bec County, granting the defendants’ motion to dismiss under Rule 12(b)(6) M.R. Civ.P.

The issue on appeal is whether vacation, retirement and severence pay benefits, earned from a now insolvent employer are compensable to former employees out of the Maine Wage Assurance Fund, 26 M.R. S.A. § 632 (Supp. 1985). We recently deter*221mined in Seeley v. Director of Bureau of Labor Standards, 505 A.2d 95 (Me. 1986), that 26 M.R.S.A. § 632 cannot be interpreted to include fringe benefits within the meaning of the term “wages”. Our reasoning in Seeley is fully applicable to the instant case.

The entry is:

Judgment affirmed.

All concurring.

Reference

Full Case Name
Jessie AKERS, Jr. v. DIRECTOR OF BUREAU OF LABOR STANDARDS
Status
Published