3rd Circ. Nixes Nurse's ERISA Appeal Over Pay Records

Law360, New York (April 5, 2011, 8:43 PM EDT) -- The Third Circuit on Tuesday shut down a University of Pittsburgh Medical Center nurse's attempt to use the Employee Retirement Income Security Act to press a class action about overtime wages.

Plaintiff Mary C. Henderson cannot use the pension-related record-keeping rules under ERISA to complain that UPMC shorted her on pay, a panel of the U.S. Court of Appeals for the Third Circuit ruled.

A pension plan's language must be looked at to determine its record-keeping requirements, and Henderson's plan only required UPMC to record her...
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