United States Third Circuit

In a labor and employment dispute involving the scope of the records-keeping provision of the ERISA, 29 U.S.C. section 1059(a)(1), Rule 12(b)(6) dismissal by district court on the ground that the ERISA only required records of wages paid and not hours worked, is affirmed where the plain language of the relevant pension plan imposed no duty on defendant to maintain records of hours worked.

Appellate Information

• Decided 04/05/2011
• Published 04/05/2011

Judges

• SLOVITER

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• R. Bruce Carlson, Mariah L. Klinefelter