Willmar Electric Service, Inc. v. Cooke, 212 F.3d 533 (10^th Cir. 2000)-The Tenth Circuit affirmed the holding that ERISA does not preempt a Colorado statute requiring licensed journeyman electricians to supervise apprentices performing electrical work in Colorado on a one-to-one basis.  Trust funds pay for the educational program, and Willmar's apprenticeship and training program is an employee welfare benefit plan that ERISA, 29 U.S.C. § 1002, covers.

The Colorado statute at issue here clearly did not "relate to" (make reference to) an ERISA plan, and the preemption question thus turned on whether the statute had a "connection with" such a plan.  States traditionally regulate apprenticeship training standards.  See California Div. Of Labor Stds. Enforcement v. Dillingham Constr., N.A., Inc., 519 U.S. 316, 325 (1997).  Furthermore, the law is neutral in that it applies with equal force to ERISA and non-ERISA plan training of apprentices.  Although it was true that different apprentice supervision standards in different states may have some effect on the uniform administration of Willmar's benefit plan, the court found that this was not enough to overcome the presumption that Congress did not intend to supersede state regulation of this area of law.