US Labor Department files complaint seeking restoration of contributions to pension plan sponsored by Brunk Industries, Inc. in Fresno, California

Date of Action: June 29, 2015

Type of Action: Complaint

Names of Defendants: James Brunk, Brunk Industries, Inc. and the Contractors and Employees 401(k) Plan as sponsored by Brunk Industries, Inc. of Fresno, California

Allegations: Based on an investigation by the Employee Benefits Security Administration, the Department of Labor filed a complaint June 29 alleging that Brunk and Brunk Industries, Inc., are plan fiduciaries who failed to collect fringe benefit contributions owed to the plan, in violation of the Employees Retirement Income Security Act of 1974. The Department alleged that $108,000 in fringe benefit contributions based on work performed by company employees under prevailing wage laws were not paid to the plan. Instead, the funds were used for non-plan purposes. The Department seeks restoration of the plan's losses, removal of Brunk as the plan's fiduciary, and appointment of an independent fiduciary to terminate the plan and distribute assets to the participants.

Court: United States District Court, Eastern District of California, Sacramento Division

Docket Number: 1:15-cv-00985---SAB

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