US Labor Department obtains consent judgment restoring more than $50K to money purchase plan of Swedesboro, New Jersey, contractor

Date of Action: Dec. 30, 2015

Type of Action: Consent judgment

Names of Defendants: Arthur Azzari, Alex Azzari, John Azzari, Alessio Azzari Inc., and the Alessio Azzari Inc. Prevailing Wage Plan

Allegations: Based on an investigation conducted by the U.S. Department of Labor's Employee Benefits Security Administration, the Secretary of Labor filed a complaint on Dec. 28, 2015, alleging the following:

From 2010 through 2013, the plan trustees failed to ensure mandatory employer contributions required by the Davis Bacon Act were remitted to the plan on a timely basis. The defendants breached their statutory duties to the plan participants under the Employee Retirement Income Security Act of 1974. The total amount due to the plan participants, including lost interest, was $51,158.31.

Resolution: The court approved a consent judgment ordering the defendants to restore all losses plus interest to the plan over a series of installment payments, and permanently enjoined the company and the trustees from violating ERISA in the future.

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

Docket Number: 1:15-cv-08867-JBS-KMW