DIRECTOR v. FORT HALIFAX PACKING CO.


510 A.2d 1054 (1986)

DIRECTOR OF BUREAU OF LABOR STANDARDS, et al. v. FORT HALIFAX PACKING COMPANY.

Supreme Judicial Court of Maine.

Decided June 2, 1986.


Attorney(s) appearing for the Case

James E. Tierney, Atty. Gen., William H. Laubenstein, III, Thomas D. Warren (orally), Asst. Attys. Gen., Augusta, for Director of Bureau of Labor Standards.

Martha E. Geores, Lewiston, for Raymond Bourgoin.

Curtis, Thaxter, Lipez, Stevens, Broder & Micoleau, Sidney St. F. Thaxter, II (orally), Portland, for Fort Halifax Packing.

Perkins, Thompson, Hinckley & Keddy, Linda D. McGill, Richard G. Moon, John H. Rich, III, Portland, for amici curiae, Chamber of Commerce of the U.S. of America and Maine Chamber of Commerce and Industry.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, GLASSMAN and SCOLNIK, JJ.


ROBERTS, Justice.

Fort Halifax Packing Company (hereafter Halifax) appeals from a judgment rendered in the Superior Court, Kennebec County, granting severance pay in varying amounts to over 80 of its employees pursuant to 26 M.R.S.A. § 625-B (Pamph.1985).1 On appeal Halifax claims that the Maine severance pay statute is preempted by both the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (1985...

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