Akers v. Director of Bureau of Labor Standards

506 A.2d 220, 1986 Me. LEXIS 715

Opinion

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 mined 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.