Henderson v. UPMC, No. 10-1377 (3d Cir. 2011)Annotate this Case
A nurse filed suit under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1059, claiming that her former employer had failed to maintain accurate records. She alleged that nurses were required to work certain hours for which they were not paid and should receive benefits for those hours. The district court dismissed. The Third Circuit affirmed. The employer had an obligation to keep records adequate to determine benefits due; what benefits are due depends on the language of the pension plan. The pension plans at issue tie benefits to compensation paid, not to what was earned, so the employer had no obligation to keep records of hours allegedly worked and not compensated. ERISA includes a provision for seeking benefits due on compensation wrongfully withheld; the nurse may file under that provision if she wins her state compensation claim.