US Labor Department sues Maryland construction contractor to recover unpaid contributions to employees’ 401(k) profit-sharing plan

Date of Action: April 1, 2016

Type of Action: Complaint

Name(s) of Defendants: Carlos R. Calderon
C.R. Calderon Construction Inc.
Contractors and Employees 401(k) Profit-Sharing Plan

Allegations: After an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration, the department filed a complaint alleging that Carlos R. Calderon and C.R. Calderon Construction Inc. Contractors and Employees 401(k) Profit-Sharing Plan violated the Employee Retirement Income Security Act by not collecting employer contributions required by government contracts to the company’s 401(k) profit-sharing plan. The defendants also failed to remit employee contributions to the plan.

Resolution: The complaint seeks restoration of the unremitted employer and employee contributions, with lost earnings. It also seeks the removal of Calderon and the company as fiduciaries to any employee benefit plan, and the appointment of an independent fiduciary to administer the plan and distribute its assets. 

Court: U.S. District Court for the District of Maryland

Docket Number: 1:16-cv-00964