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LOWE v. IMPERIAL COLLIERY CO.

No. 18370.

377 S.E.2d 652 (1988)

Billy Carson LOWE, et al., Appellants v. IMPERIAL COLLIERY CO., Appellee. Michael WOODSON, et al., Appellants, v. MILBURN COLLIERY CO., Appellee.

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 22, 1989.

Attorney(s) appearing for the Case

Lee H. Adler, Beckley, Robert S. Baker, Beckley, for appellants.

Larry W. Blalock, Charles Q. Gage, Jackson & Kelly, Charleston, for appellees.

MILLER, Justice:

This case presents the question whether a civil suit by certain employees for the recovery of vacation pay, filed pursuant to the Wage Payment and Collection Act, W.Va.Code, 21-5-1, et seq., is preempted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001, et seq. The Fayette County Circuit Court deemed such a suit to be preempted and granted the employers' motion to dismiss. We reverse and remand for further...

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