Employee Contributions Initiative

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Under ERISA, the Labor Department has the authority to conduct civil and criminal investigations to protect employee benefit programs and the assets set aside to pay benefits to workers and their families. The enforcement cases under the Employee Contributions Initiative represent civil cases filed in federal district courts across the country to protect the contributions made by employees and matching contributions promised by their employers. In these cases, workers had contributions to their pension or health plans withheld from their paychecks, but the employers did not deposit their contributions in the plans. Instead, the employers kept the workers’ contributions and used them for their own purposes or other purposes unrelated to the plans.

The information in these news releases will be made available in alternate format upon request (large print, Braille, audio tape or disc). Please specify which news release when placing your request. Call 202-693-7828 or TTY 202-693-7755.

2012

Solis v. Jerry Craig, Sr. involving Spectrum Financial Group, Inc. 401(k) Profit Sharing Plan in Scottsdale, Ariz., alleging unremitted and delinquent employee contributions – 12-SAN-9 [01/23/2012] [Complaint]
US Department of Labor sues former CEO of Charlotte, NC, Web development company to restore more than $100,000 to 401(k) plan – 12-43-ATL [01/19/2012]
Bethlehem, Pa., company agrees to restore more than $34,300 to employee 401(k) plan following US Labor Department lawsuit – 11-1591-PHI [01/09/2012]
US Labor Department recovers more than $51,000 in retirement assets for Integrity Builders Inc. 401(k) Safe Harbor Plan in Lincoln, Neb. – EBSA-CHI-12-2 [01/06/2012] [Consent Judgment]

2011

US Labor Department sues defunct Goldsboro, NC, company and corporate officers to recover more than $20,000 for employee benefit plans – 11-1741-ATL [12/19/2011]
Solis v. Robert Lewis Berkopec, McIntyre Construction Inc. and McIntyre Construction Inc. 401(k) plan – EBSA-11-159 [12/14/2011]
Solis v. Gary L. Goble and Stephens’ Drugs Inc. involving unremitted employee contributions – 11-ATL-570 [12/07/2011] [Complaint] [Consent Judgment and Order]
Solis v. Truck It, Inc, Default Judgment orders Steven R. Ligon, and Employee Benefits Plan of Truck It, Inc. to restore $26,288 to employee benefit plan – 11-ATL-566 [12/05/2011] [Default Judgment]
US Labor Department recovers nearly $8 million in back wages, fringe benefits and 401(k) plan assets from defunct security company – 11-1678-NAT [11/22/2011]
Solis v. Frank Mitacek III, Susan Mitacek, Frank’s International, Inc. 401(k) Plan involving consent judgment and order for Frank’s International, Inc. 401(K) Plan in Bakersfield, Calif. – 11-272-SAN [11/15/2011] [Consent Judgment and Order]
Judge orders Christina Metzler to restore more than $44,000 to Westside Cabinet & Millwork SIMPLE IRA Plan in Madison, Wis. – CHI-11-26 [11/10/2011] [Consent Order and Judgment]
East Los Angeles community hospital executives ordered to repay $600,000 to employee retirement plan, following US Labor Department investigation – 11-1557-SAN [11/01/2011]
Solis v. Joseph R. Kvidera involving judgment for $10,740 to Procedo, Inc. 401(k) Profit Sharing Plan, Minneapolis, Minn. – CHI-11-24 [10/28/2011] [Order] [Consent Order and Judgment]
Solis v. James T. Ledford and Davis Equipment Sales & Service, Inc. involving unremitted employee contributions – CHI-11-23 [10/27/2011] [Complaint]
US Labor Department sues Wisconsin-based B & K Builders, co-owners to recover more than $114,000 for company’s employee benefit plans – 11-383-CHI [10/17/2011]
Judge orders James and Carrie Jendusa to restore more than $13,000 to Jendusa Engineering Associates, Inc. 401(k) Plan in Hartland, Wis. – 11-22-CHI [10/13/2011] [Consent Order]
US Labor Department sues to restore employee contributions to 401(k) plan of 2 Pittsburgh companies – 11-1262-PHI [10/12/2011]
Solis v. Glen Zucker complaint involving Grant Saint John 401(k) Profit Sharing Plan in Galion, Ohio – 11-1391-CHI [10/2011/2011] [Complaint]
US Labor Department sues Media, Pa., company and benefit plan trustees to restore assets to 401(k) plan – 11-1377-PHI [10/03/2011]
Pittsburgh company will restore more than $67,000 to employee retirement plan, resolving Labor Department lawsuit – 11-1383-PHI [09/28/2011]
US Department of Labor files complaint to recover more than $36,000 for Jomar Building Company 401(k) Plan – 11-19-CHI [09/12/2011] [Complaint]
Judge orders Thomas Benick and John Thommes to restore $24,676 to Thommes and Thomas Land Clearing SIMPLE IRA Plan in Scandia, Minn. – 11-18-CHI [09/06/2011] [Consent Order and Judgment]
Judge orders Joseph M. Phelan to restore $10,470 to Phezer Enterprises Inc. Health Plan in Crystal Lake, Ill. – 11-17-CHI [08/31/2011] [Consent Order and Judgment]
US Labor Department sues former Nashville, Tenn., consulting company and president to restore employees’ 401(k) plan contributions – 11-1221-ATL [08/18/2011]
Pasadena, Texas-based Modern Plumbing and affiliates to restore workers' 401(k) contributions, resolving US Labor Department lawsuit – 11-1015-DAL [08/15/2011]
US Department of Labor sues former North Carolina fabric mill, company president to restore nearly $145,000 to pension plan – 11-1122-ATL [08/02/2011]
Court orders SME Inc., d/b/a Allegra Print & Imaging and Sean Eagan to restore unremitted payments to employee benefit plans – 11-11-CHI [07/19/2011] [Consent Order and Judgment]
US Labor Department sues Plymouth, Minn.-based Mirror Factory and owners to restore more than $14,000 to company’s 401(k) plan – 11-474-CHI [07/18/2011]
Sugar Hill, Ga., custom woodworking company agrees to restore $16,000 to pension plan following US Labor Department investigation – 11-746-ATL [07/18/2011]
US Department of Labor obtains judgment to restore assets to employee benefit plan of defunct Sacramento, Calif., company – 11-972-SAN [07/06/2011]
US Labor Department files lawsuit alleging fiduciaries failed to remit contributions to The Trotter Construction Company, Inc. 401(K) Plan – 11-09-CHI [06/30/2011] [Complaint]
US Labor Department sues Dowe and Wagner of Richmond, Ill., to restore more than $31,000 to company’s 401(k) plan for employees – 11-746-CHI [06/23/2011]
Solis v. Joos Electrical Company involving Joos Electrical Co. 401(k) Profit Sharing Plan and Trust of Eagan, Minn. – 11-07-CHI [06/13/2011] [Complaint]
US Department of Labor sues Stafford, Texas-based Paradigm Machine Works and owner to recover workers’ 401(k) contributions and payments – 11-728-DAL [05/23/2011]
US Labor Department sues defunct North Carolina mental health clinic to recover assets for 401(k) plan and have them distributed to plan participants – 11-735-ATL [05/23/2011]
US Labor Department sues former Fletcher, NC, technology holding company to restore losses to company’s health plan – 11-685-ATL [05/23/2011]
US Department of Labor obtains consent judgment to restore assets to benefit plan of defunct Clarks Summit, Pa., company – 11-727-PHI [05/16/2011]
Solis v. Thomas Keating involving failure to forward contributions to Mitchellace Inc. Employee Flexible Benefits Plan – 11-05-CHI [05/12/2011] [Complaint]
Solis v. Ted Ayoub involving the Yamasaki Associates Inc. employee benefit plans in Troy, Mich. – 11-01-CHI [05/09/2011] [Complaint]
US Labor Department sues Jendusa Engineering Associates of Hartland, Wis., to recover employee 401(k) contributions plus lost interest – 11-93-CHI [05/09/2011]
Grand Blanc, Mich.-based Graves Electric and owner to restore $20,000 to company’s retirement plan following US Labor Department investigation – 11-516-CHI [05/09/2011]
US Labor Department obtains order requiring Sparta, Wis.-based Quality Tool and Machine, president to restore more than $11,000 to retirement plan – 11-559-CHI [04/29/2011]
US Department of Labor sues owner of Racine, Wis.-based Kiernan Heating and Air Conditioning, to restore more than $19,000 to retirement plan – 11-572-CHI [04/28/2011]
US Labor Department obtains order against Ohio-based Christopher Technologies and president to restore more than $37,000 to worker 401(k) plan – 11-342-CHI [04/20/2011]
US Labor Department sues Stevensville, Mich.-based Metal Processors and owner to restore more than $16,000 to company's 401(k) plan – 11-502-CHI [04/14/2011]
Judge orders Janesville, Wis.-based Premier Vending and company president to restore more than $31,000 in employee 401(k) contributions – 11-432-CHI [04/13/2011]
US Labor Department sues trustee of Cranston, RI, 401(k) plan to restore employee contributions – 11-451-BOS [04/12/2011]
US Labor Department sues Duluth, Ga., software services company to restore losses to 401(k) retirement plan participants and beneficiaries – 11-525-ATL [04/08/2011]
US Department of Labor obtains consent judgment requiring former president of defunct Dover, Del., printing company to restore assets to 401(k) plan – 11-355-PHI [04/06/2011]
US Labor Department sues Virginia Beach, Va., construction company for failing to forward employee contributions to 401(k) plan – 11-373-PHI [03/24/2011]
US Labor Department sues Merrillville, Ind.-based company, owner to recover nearly $9,000 in employee retirement contributions and interest – 11-331-CHI [03/23/2011]
US Department of Labor sues Los Angeles-based healthcare group to recover retirement contributions and loan repayments owed to hospital workers – 11-243-SAN [03/16/2011]
US Department of Labor obtains judgment restoring $18,000 to Burnsville, Minn.-based Slate Cement's health, dental and 401(k) plans – 11-322-CHI [03/14/2011]
US Labor Department action recovers nearly $52,000 from trustees of Premier Properties USA 401(k) Plan – 10-1471-CHI [03/10/2011]
US Labor Department obtains court judgment against executive of Oklahoma aircraft manufacturer for misuse of employee benefit plan premiums – 11-253-DAL [02/28/2011]
US Labor Department sues Pittsburgh manufacturing company to protect 401(k) plan participants – 11-139-PHI [02/09/2011]
US Labor Department obtains judgment restoring nearly $194,000 to New Castle, Del., company's 401(k) plan – 11-91-PHI [02/07/2011]
US Labor Department sues Janesville, Wis.-based Premier Vending Inc. and president to recover more than $26,000 in employee 401(k) contributions – 11-54-CHI [01/19/2011]
Judge orders Minnesota-based Copy Cat Business Systems and former owners to repay more than $13,000 to company's SIMPLE IRA plan – 11-43-CHI [01/18/2011]
US Labor Department obtains consent judgment protecting 401(k) assets of former Raleigh, NC-based human resources company – 11-10-ATL [01/12/2011]
US Department of Labor sues defunct Minnesota land clearing company and owners to recover retirement plan assets – 11-33-CHI [01/11/2011]
US Labor Department sues defunct Portland, Maine, company and former owner to recover misused retirement plan assets – 10-1712-BOS [01/07/2011]
US Labor Department obtains judgment restoring nearly $34,000 in misused assets to 401(k) plan of Newton, Mass., salon – 10-1404-BOS [01/03/2011]

2010

US Labor Department sues trustee and sponsor of Phillipston, Mass., company’s 401(k) plan, seeks restoration of misused assets – 10-1678-BOS [12/10/2010]
US Labor Department obtains court judgment ordering former Marietta, Ga., insurance agency to restore more than $77,000 to 401(k) plan – 10-1623-ATL [11/29/2010]
US Labor Department settles dispute with former Tampa, Fla., pharmaceutical corporation over retirement plan assets – 10-1592-ATL [11/23/2010]
US Labor Department sues former Orlando, Fla., security consulting company to restore 401(k) plan assets – 10-1596-ATL [11/23/2010]
US Labor Department sues defunct Lakeland, Fla., automotive equipment and tools sales company to restore 401(k) losses to plan participants – 10-1579-ATL [11/23/2010]
US Labor Department sues defunct Lexington, SC, steel fabricator to restore more than $7,000 in losses suffered by retirement plan participants – 10-1586-ATL [11/16/2010]
US Labor Department sues Charleston, SC, heating and air conditioning company to restore more than $44,000 in retirement plan losses – 10-1580-ATL [11/16/2010]
US Labor Department sues owner of defunct Mass. & RI company to restore more than $6.6 million in misused funds owed to company pension plan – 10-1560-BOS [11/16/2010]
US Labor Department sues Westbrook, Conn., company and president to restore misused 401(k) plan assets – 10-1564-BOS [11/16/2010] [Complaint]
US Labor Department sues Franklin, Ky., trucking company and owner to recover assets for 401(k) retirement plan participants and beneficiaries – 10-1513-ATL [11/16/2010] [Complaint]
US Department of Labor sues Quality Tool and Machine Inc. and president to restore more than $9,000 to SIMPLE IRA plan – 10-1574-CHI [11/16/2010] [Complaint]
US Department of Labor sues Mt. Horeb Plumbing Inc. and owner to restore more than $30,000 to employee 401(k) plan – 10-1585-CHI [11/16/2010] [Complaint]
US Labor Department sues defunct Franklin, Tenn., homebuilder to restore losses suffered by 401(k) retirement plan participants and beneficiaries – 10-1593-ATL [11/16/2010]
US Labor Department sues executive of defunct Oklahoma aircraft manufacturer for misuse of welfare benefit assets – 10-1572-DAL [11/16/2010] [Complaint]
US Labor Department sues Dallas-based Calypso Waterjet Systems and its officers to recover workers’ 401(k) contributions and payments – 10-1129-DAL [11/16/2010] [Complaint]
US Labor Department sues Dallas paralegal company and executive to recover plan assets for company's SIMPLE IRA plan – 10-1384-DAL [11/16/2010] [Complaint]
US Labor Department sues executive of Austin, Texas, veterinary clinic over misuse of 401(k) profit sharing plan assets – 10-1594-DAL [11/16/2010] [Complaint]
US Labor Department sues Houston employee staffing company and owner for misuse of 401(k) plan assets – 10-1181-DAL [11/16/2010] [Complaint]
US Labor Department sues Albuquerque, NM, engineering company and its president to recover employee contributions owed to 401(k) plan – 10-1587-DAL [11/16/2010] [Complaint]
US Labor Department sues Utah company and owner to recover plan assets for abandoned 401(k) plan – 10-1562-DEN [11/16/2010] [Complaint]
US Labor Department sues Kirkland, Wash., firm and officers over delinquent contributions owed to 401(k) plan – 10-1604-SEA [11/16/2010] [Complaint]
US Labor Department sues defunct Anaheim contractor to recover employee contributions for SIMPLE IRA plan – 10-1589-SAN [11/16/2010]
US Labor Department sues Tucson, Ariz., sand and gravel company to protect employee benefit assets – 10-1588-SAN [11/16/2010] [Complaint]
US Labor Department sues Woodland Hills, Calif., company and president to protect 401(k) assets – 10-1590-SAN [11/16/2010]
US Labor Department sues defunct Windjammer Barefoot Cruises to restore losses to 401(k) plan participants and beneficiaries – 10-1581-ATL [11/16/2010]
US Labor Department sues Florida Family Magazine to restore retirement plan assets to plan participants and beneficiaries – 10-1584-ATL [11/16/2010]
US Labor Department sues defunct Ocala, Fla., construction company to restore 401(k) plan assets for the benefit of plan participants – 10-1582-ATL [11/16/2010]
US Labor Department sues executive of defunct Newburgh, NY, employer to restore funds to company SIMPLE IRA retirement plan – 10-1416-NEW [11/16/2010] [Complaint]
US Labor Department sues Somerset, Pa., companies and executive to protect 401(k) profit-sharing plan participants – 10-1446-PHI [11/16/2010] [Complaint]