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No Recordkeeping Violation for Failure to Report Hours Worked when Benefits are Based on Hours Paid

April 12, 2011
The U.S. Third Circuit Court of Appeals upheld the district court?ÇÖs determination that when a plan document provides that benefits are based on ?Ç£hours paid?Ç¥ rather than ?Ç£hours worked,?Ç¥ an employer does not have an obligation to report unpaid hours (in violation of wage/hour laws) to plan administrators under ERISA?ÇÖs record maintenance requirements. Thus, the claim that there was an ERISA recordkeeping violation failed. Henderson v. UPMC, No. 10-1377 (3rd Cir. April 5, 2011).
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