Court holds Baltimore company, owner in contempt for failing to comply with order to restore $153K to company’s employee 401(k) plan
BALTIMORE – A federal court in Maryland has cited a Baltimore logistics, engineering and management support services company and its owner for contempt of court for failing to comply with a May 2022 consent judgment and order requiring them to restore $153,590 in missing contributions and interest to the company’s 401(k) plan.
On June 27, 2023, the U.S. District Court for the District of Maryland granted a motion by the U.S. Department of Labor to hold Bicallis LLC and owner Bryan Hill in contempt after they violated the court’s orders. The action follows an investigation by the department’s Employee Benefits Security Administration that found the company and its owner did not forward employees’ payroll deductions for the company’s 401(k) plan deductions and failed to collect company matching and safe harbor contributions owed to the plan from October 2017 through December 2019.
“Complying with a court order is never voluntary,” said Employee Benefits Security Administration Acting Regional Director Norman Jackson in Philadelphia. “We are committed to protecting the integrity of employee benefit plans and making certain those who serve these plans meet their legal obligations, including safeguarding employees’ retirement assets. Our investigation was the first step toward holding Bicallis LLC and Bryan Hill accountable and making the employees in his company’s 401(k) plan whole.”
As part of its contempt finding, the court ordered that Bicallis LLC and Hill pay a fine of $100 per day until the amounts owed are paid in full.
“The Department of Labor will use all of its tools to ensure compliance with the laws the department enforces,” said Deputy Regional Solicitor of Labor Samantha Thomas in Philadelphia. “We sought the court’s intervention to enforce its May 2022 consent order and judgment after Bicallis LLC and owner Bryan Hill failed to comply with the agreed upon terms and continued to violate federal law.”
EBSA’s Philadelphia Regional Office conducted the original investigation and the Region’s Office of the Solicitor is litigating the case.