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

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).