US Labor Department sues Marlton, NJ, beauty salon to restore contributions to employee retirement savings plan

Date of Action: Aug. 16, 2013

Name(s) of Defendant(s): 800 West Salon Inc. retirement savings plan

Allegations: The Department of Labor received information alleging missing employee contributions to the 800 West Salon retirement savings plan.  A subsequent investigation by the department’s Employee Benefits Security Administration found that from 2007 through 2009, 800 West Salon Inc. in Marlton, N.J., and its principal Raymond Orsuto failed to ensure employee contributions and loan repayments approximating $38,080.94 were remitted to the plan. Additionally, of those employee contributions that were remitted, some were remitted up to 145 days after they were deducted from the participants’ compensation, causing lost earnings to be due to the plan. As a result, on Aug. 16, 2013, the department filed suit seeking restoration of unremitted employee contributions and interest costs to the plan.

As additional relief, the department is also seeking to enjoin Orsuto and the company from serving as fiduciaries or service providers to any Employee Retirement Income Security Act covered plan and from violating provisions of Title I of ERISA, and the appointment of an independent fiduciary to administer the plan, marshal assets and make distributions to plan participants. Finally, the complaint seeks an order that Orsuto and the company provide all books, documents and records relating to the financial administration of the plan and company.

Court: United States District Court for the District of New Jersey

Docket Number: 1:13-cv-04959-JBS-KMW

U.S. Department of Labor materials are accessible at www.dol.gov.  The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.