Holland v. Burlington Industries, Inc.

772 F.2d 1140, 27 Wage & Hour Cas. (BNA) 548
CourtCourt of Appeals for the Fourth Circuit
DecidedSeptember 3, 1985
DocketNo. 84-2241
StatusPublished
Cited by111 cases

This text of 772 F.2d 1140 (Holland v. Burlington Industries, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holland v. Burlington Industries, Inc., 772 F.2d 1140, 27 Wage & Hour Cas. (BNA) 548 (4th Cir. 1985).

Opinion

WILKINSON, Circuit Judge:

Former employees of Burlington Industries, Inc. Socks and Hosiery Divisions brought suit seeking to recover severance pay allegedly due upon Burlington’s sale of the divisions to Kayser-Roth Corporation. The court below granted summary judgment for defendant after finding that the severance pay policy at issue was subject to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., that ERISA preempted state law, and that Burlington’s decision to deny severance pay was neither arbitrary or capricious. Finding no error in these holdings, we affirm.

I

The 200 appellants were employees of Burlington’s Socks and Hosiery Divisions on January 3, 1982, when Burlington sold the divisions to Kayser-Roth as going concerns. Pursuant to agreement with Burlington, Kayser-Roth offered employment to virtually all employees of these divisions, including appellants, who continued to work without interruption. The five employees not offered employment with Kay-ser-Roth received severance pay under the plan described below, and Burlington agreed to provide severance pay to any employee terminated by Kayser-Roth within six months of the transfer of ownership.

Burlington has maintained a severance pay plan for salaried employees since at least 1953. At the relevant time, the terms of the plan appeared in the company’s Policy Manual, available to employees on request, and in the Salaried Employees’ Handbook. The Handbook described the plan in general terms, providing that two weeks’ to twelve months’ severance pay would be available to “full time employees who involuntarily leave the company.”1 [1144]*1144The Policy Manual discussed the plan in more detail. In addition to setting out payment schedules for severance pay based on an employee’s age and length of service, the Manual established eligibility requirements for severance pay. The most relevant requirement was that of “job termination,” said to include “terminations due to circumstances such as elimination or modification of operations or other job elimination due to bona fide organizational changes.”2

Appellants sought severance pay under this plan when Burlington sold the divisions to Kayser-Roth, asserting that they were entitled to the pay because their jobs with Burlington were terminated, and that their immediate re-employment by Kayser-Roth was irrelevant under the plan. Burlington denied that it owed severance pay, contending that there had been no “job elimination” as required by the Policy Manual.

Appellants initially sought redress in North Carolina state court, relying on common law claims of breach of contract and estoppel and several state statutes, including the North Carolina Wage and Hour Act, N.C.Gen.Stat. § 95-25.7. The action was removed to federal court on Burlington’s petition that the claims arose under ERISA. The plaintiffs amended their complaint to assert further claims based on ERISA. The Commissioner of Labor of the State of North Carolina (“Commissioner”) intervened.

On appeal, the Commissioner primarily argues that the severance pay plan is not covered by ERISA, and that ERISA does not preempt state law. On this score, he is joined by officials from ten states and the District of Columbia as amici curiae. The 200 individual appellants contend that the denial of severance pay violated ERISA.3

II

The Commissioner, joined by amici, asserts that ERISA simply does not apply to Burlington’s severance pay policy, and that such a plan is therefore governed solely by state law. We reject this contention, and hold that Burlington’s severance pay plan falls within the provisions of ERISA as an “employee welfare benefit plan.” Moreover, ERISA governs employer severance pay plans whether funded from general assets, as here, or from a special trust.

Congress enacted this complex legislation to federalize much of employee pension and benefit law. It characterized plans covered by ERISA as either “employee pension benefit plans,” 29 U.S.C. § 1002(2) or “employee welfare benefit plans,” 29 U.S.C. § 1002(1), both of which must comply with ERISA’s reporting and disclosure requirements, 29 U.S.C. §§ 1021-1031, and its fiduciary standards for management of plan assets, 29 U.S.C. §§ 1101-1114. The former are subject to [1145]*1145more stringent requirements than the latter, including the statute’s vesting and funding requirements, 29 U.S.C. §§ 1053, 1082. None of the parties contends that the severance pay provision qualifies as an employee pension benefit plan. Rather, the issue is whether it constitutes an employee welfare benefit plan or a mere “payroll practice” — as defined by Department of Labor regulations, 29 C.F.R. § 2510.3-1 —that falls outside the scope of ERISA.

The statutory language supports the designation of severance pay as an employee welfare benefit plan. Such plans, as defined in § 3(1) of ERISA, 29 U.S.C. § 1002(1), include:

[A]ny plan, fund or program ... maintained by an employer ... for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, (A) ... benefits in the event of ... unemployment ... or (B) any benefit described in section 186(c) of this title (other than pensions on retirement or death, and insurance to provide such pensions).

Subsection (A) above refers to “benefits in the event of ... unemployment.” The evidence in this case suggests that at least one purpose of the Burlington plan is to provide help for employees during periods of unemployment that follow the elimination of their jobs. This view of severance pay brings it within the definition of employee welfare benefit plan in § 1002(1)(A) and thus within the ambit of ERISA. See Gilbert, 765 F.2d at 325; Jung v. FMC Corp., 755 F.2d 708, 710 n. 2 (9th Cir.1985); Petrella v. NL Industries, Inc., 529 F.Supp. 1357, 1361 (D.N.J.1982) (“Severance pay, which in general is intended to tide an employee over while seeking a new job, certainly could be considered an ‘unemployment’ benefit.”)

Severance pay plans are also within the definition of 29 U.S.C. § 1002(1)(B), which refers to 29 U.S.C. § 186(c) for illustration of the types of benefits characterized as employee welfare benefit plans. Section 186(c)(6) describes “pooled vacation, holiday, severance or

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Bluebook (online)
772 F.2d 1140, 27 Wage & Hour Cas. (BNA) 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-burlington-industries-inc-ca4-1985.