US Department of Labor dismisses lawsuit against Brogue, Pennsylvania, construction contractor after company restores $149K to employee 401(k) plan

Date of Action: Oct. 3, 2016

Type of Action: Order of Dismissal

Name(s) of Defendants: Tarry Bratton
B.C. Inc.
401(k) employer-sponsored retirement savings plan

Allegations: After an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration, the department filed a complaint on April 29, 2016, alleging that the defendants violated the Employee Retirement Income Security Act by not collecting employer contributions required by government contracts to the company’s 401(k) employer-sponsored retirement savings plan. The complaint sought restoration of the unremitted employer contributions, with lost earnings, totaling approximately $149,904.

Resolution: A proposed order of dismissal was filed by the department, as the defendants were able to represent that they have restored plan assets to the B.C. Inc. 401(k) employer-sponsored retirement savings plan that the complaint alleged were owed.

Court: U.S. District Court for the Middle District of Pennsylvania

Docket Number: 1:16-cv-00719-CCC