February 21, 2024

Department of Labor files suit after investigation finds fringe benefit plan fiduciaries misused millions of dollars to pay employer expenses

GREENBELT, MDThe U.S. Department of Labor today filed suit in the U.S. District Court for the Southern Division of the District of Maryland against a company that allegedly mismanaged fringe benefits owed to employees working for at least 54 government service contractors across the United States. 

February 13, 2024

US Department of Labor announces Employee Benefits Security Administration recovered over $1.4B for workers, families, benefit plans

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration today published an overview of its enforcement activities in fiscal year 2023 in a new fact sheet. 

February 6, 2024

US Department of Labor obtains emergency court order to protect retirement plan assets; alleges Pittsburgh company, owner embezzled over $5.5M from plans

Date of action: February 5, 2024

Type of action: An emergency temporary restraining order issued by the U.S. District Court for the Western District of Pennsylvania in Pittsburgh, Pennsylvania. The action follows a complaint and motion filed by the U.S. Department of Labor on January 26, 2024.

January 31, 2024

US Department of Labor obtains judgment to recover $100K in retirement funds and interest from Bay Area dentist

SAN FRANCISCO – The U.S. Department of Labor has obtained a default judgment against Paul G. Fillet DMD Inc. and Dr. Paul G. Fillet for having unlawfully withdrawn more than $85,000 of employees’ retirement money from an employer-sponsored plan and abandoned the plan, preventing two participants from accessing roughly $160,000 in retirement savings.

January 30, 2024

Department of Labor reaches settlement to resolve $1.2M in medical claims unpaid by Revelation Energy LLC health care plan, affiliated entities

MILTON, WV – The U.S. Department of Labor’s Employee Benefits Security Administration has entered into a settlement agreement to resolve more than $1.2 million in unpaid medical claims by the Revelation Energy LLC health care plan based in Milton.

January 30, 2024

Federal court orders coal producer retirement plan trustees to pay $637K in restitution for unremitted contributions, unlawfully diverted funds

MILTON, WV – The U.S. Department of Labor obtained a consent judgment and order in federal court requiring the trustees of coal producer Blackjewel LLC’s 401(k) plan to pay $637,014 in equitable restitution after an investigation found they violated fiduciary duties under the Employee Retirement Income Security Act of 1974.

January 23, 2024

US Department of Labor announces amendments to Prohibited Transaction Exemption filing, processing procedures

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration today announced that it is amending its Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications. 

January 19, 2024

Department of Labor issues joint request to help improve retirement plan benefits information provided to workers, federal government

WASHINGTON – The U.S. Department of Labor announced today that its Employee Benefits Security Administration, the Department of the Treasury, the IRS and the Pension Benefit Guaranty Corp.

January 18, 2024

Department of Labor releases proposed regulation on retirement plans and automatic portability transactions when employees change jobs

WASHINGTON – The U.S. Department of Labor announced today that its Employee Benefits Security Administration released a proposed regulation on automatic portability transactions under SECURE 2.0 Act of 2022. The goal of automatic portability transactions is to help workers keep track of their retirement savings accounts and improve retirement security by reducing cash-outs when they change jobs.

January 17, 2024

US Department of Labor issues guidance on new emergency savings accounts

WASHINGTON – The U.S. Department of Labor announced today that its Employee Benefits Security Administration has issued guidance to improve retirement security through pension-linked emergency savings accounts, part of the implementation of the SECURE 2.0 Act of 2022.

January 10, 2024

US Department of Labor files suit against defunct Baltimore payroll processing company for failure to remit employee contributions to 401(k) plan

Date of Action:          January 8, 2024

Type of Action:         Complaint

Company:                  iProcess Online Inc. and Chief Operating Officer and Human Resources Director Michelle Leach-Bard 

January 9, 2024

US Department of Labor files suit against defunct Maryland computer forensics company for unremitted contributions to 401(k) profit sharing plan

Date of Action:          Jan. 8, 2024

Type of Action:         Complaint

Defendants:               Jones Dykstra and Associates Inc.

                                    Co-owner and senior partner Keith Jones

                                    Co-owner and senior partner Brian E. Dykstra

                                    Jones Dykstra and Associates Inc. 401(k) profit sharing plan

December 19, 2023

US Department of Labor proposal reinforces consumer health care protections

WASHINGTON – The U.S. Department of Labor today announced a proposal by its Employee Benefits Security Administration intended to support critical health care protections for consumers by rescinding its 2018 rule, “Definition of Employer – Association Health Plans.” 

November 17, 2023

US Department of Labor releases informational copies of 2023 Form 5500 Series Annual Return, Report

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration, the IRS and the Pension Benefit Guaranty Corp. today released informational copies of the 2023 Form 5500, Form 5500-SF, IRS Form 5500-EZ, IRS Form 5558 and their related instructions online. 

November 15, 2023

US Department of Labor announces online hearing on proposed retirement security rule, related proposed exemption amendments beginning Dec. 12

WASHINGTON – The U.S. Department of Labor announced today that its Employee Benefits Security Administration will hold an online hearing beginning Dec. 12 on the agency’s Notice of Proposed Rulemaking, “Retirement Security Rule: Definition of an Investment Advice Fiduciary,” and related proposed prohibited transaction exemption amendments, published in the Federal Register on Nov. 3, 2023.

November 14, 2023

Federal judge appoints independent fiduciary to distribute $103K in assets to participants in defunct Ohio Irish pubs’ retirement plan

Date of Action         Nov. 1, 2023

Type of Action:         Employee Retirement Income Security Act default judgment

Company/Owners:    Claddagh Development Group LLC, operating as Claddagh Irish Pubs

Claddagh Development Group LLC Employee Savings Trust

October 31, 2023

US Department of Labor announces proposed rule to protect retirement savers’ interests by updating definition of investment advice fiduciary

WASHINGTON – The U.S. Department of Labor today announced that its Employee Benefits Security Administration has proposed a retirement security rule updating the definition of an investment advice fiduciary under the Employee Retirement Income Security Act.

October 26, 2023

Judge appoints independent fiduciary to distribute $781K in assets to participants in defunct Michigan company’s retirement plan

Date of Action         Oct. 26, 2023

 Type of Action:         Employee Retirement Income Security Act default judgment

Company/Owners:    Associated Community Services Inc. 

                                          Associated Community Services 401(k) Profit Sharing Plan and Trust