US Department of Labor sues owner of defunct Rhineland, Mo., company for misusing employee contributions to pay operating expenses

RHINELAND, Mo. – The U.S. Department of Labor has sued the owner of defunct Lensing Earthworks Inc. of Rhineland for allegedly paying operating expenses using employee contributions to the company’s savings incentive match plan for employees individual retirement accounts.

Lensing Earthworks was a landscaping company owned and operated by Brian Lensing until it ceased operations in early 2006. The Labor Department’s lawsuit alleges that Lensing, while serving as the company’s president, violated the Employee Retirement Income Security Act by allegedly retained participant contributions intended for the plan during 2005 and 2006.

As relief, the suit asks the court to require Lensing to restore more than $7,600 in contributions that he failed to remit to the plan plus $2,400 in lost earnings.

“The Labor Department helps workers obtain their benefits when plan assets are misused or plans are abandoned,” said Steven Eischen, regional director of the department’s Employee Benefits Security Administration Kansas City, Mo., office.

This case resulted from an investigation conducted by EBSA’s Kansas City Regional Office. Employers and workers can reach the Kansas City office at 816-285-1800 or toll-free at 866-444-3272 for help with problems relating to private sector retirement and health plans. In fiscal year 2009, EBSA achieved monetary results of $1.3 billion related to pension, 401(k), health and other benefits for millions of American workers and their families.

Solis v. Brian Lensing
Civil Action Number: 4:10-cv-02040

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