Dumfries, Virginia Company Ordered to Restore more than $32,000 to 401(k) Profit Sharing Plan after U.S. Labor Department Investigation

Archived News Release — Caution: Information may be out of date.

Philadelphia - Javis Automation and Engineering, Inc., Dumfries, Virginia, and its officers have been ordered by the U.S. District Court for the Eastern District of Virginia, to restore $32,108 to the company’s 401(k) profit sharing plan.

The U.S. Department of Labor filed a lawsuit in September 2006 alleging that the company and fiduciaries John Long Sr., John W. Long Jr. and Erick McKinley violated the Employee Retirement Income Security Act (ERISA) when they failed to forward or timely remit plan contributions deducted from employees’ paychecks from January 2001 through June 2004.

“This case demonstrates that we will not hesitate to enforce the law to ensure that workers receive the benefits to which they are entitled,” said Mabel Capolongo, regional director in Philadelphia of the department’s Employee Benefits Security Administration (EBSA).

The order requires removal of the company and the individual plan fiduciaries; appointment of an independent fiduciary to distribute the assets and complete the termination of the plan; and the permanent disbarment of the defendants from serving as fiduciaries to any plan in the future.

The suit resulted from an investigation conducted by EBSA’s district office for the Washington, D.C. area. Employers and workers needing help with problems related to private-sector retirement and health plans can reach the Washington, D.C. district office at 301.713.2000 or call EBSA’s toll-free number, 1.866.444.EBSA (3272).

In fiscal year 2006, EBSA achieved monetary results of $1.4 billion related to pension, 401(k), health and other benefits for millions of American workers and their families. Information on EBSA is available from the agency’s website www.dol.gov/ebsa.

(Chao v. Long)
Civil Action No. 1:06CV 1029

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Archived News Release — Caution: Information may be out of date.