New York – The U.S. Department of Labor has obtained a default judgment appointing an independent fiduciary to manage the abandoned 401(k) plan of defunct Digitel Solutions for Business Inc. or Empire Telecom Systems Corp., formerly located in Buffalo, New York.

Columbus, Indiana – The U.S. Department of Labor has sued the owner of Hoosier Foot & Ankle LLC, a non-surgical foot and ankle care business in Columbus, for failure to carry out his fiduciary duty to monitor the service provider to the company’s 401(k) plan in violation of the Employee Retirement Income Security Act (ERISA).

Washington – The U.S. Department of Labor has released three model notice packages that will enable group health plans and employers to provide notice on the availability of the extension of the Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage premium reductions under the American Recovery and Reinvestment Act (Recovery Act). A free webcast will be held on Jan. 22, from 1 to 3 p.m. (EST) to help employers, plan administrators and service providers comply with the notice requirements.

Dallas, Pa. – The U.S. Department of Labor has sued Raymond Woronowicz, former president of The Business Alliance Inc., for failing to deposit employee contributions into the company's employee benefit plan in violation of the Employee Retirement Income Security Act (ERISA). The Dallas company ceased operations in or around January 2006.

Lewes, Del. – The U.S. Department of Labor has filed a lawsuit to obtain appointment of an independent fiduciary to oversee the 401(k) plan of Keystone Professional Employers Inc., a defunct company formerly located in Lewes.

"Denying workers access to their retirement savings will not be tolerated by the Labor Department," said Mabel Capolongo, director of the department's Employee Benefits Security Administration (EBSA) in Philadelphia. "Employers cannot abandon 401(k) plans when a company goes out of business."

Memphis, Tenn. – The U.S. Department of Labor has obtained a default judgment requiring that Stephens Brothers Inc. be removed as fiduciary of the former Memphis company's 401(k) plan.

The order, issued by the U.S. District Court for the Western District of Tennessee, found that Stephens Brothers Inc. violated provisions of the Employee Retirement Income Security Act (ERISA).

The judgment appoints an independent fiduciary to terminate the plan and distribute assets of approximately $692,000 to the plan participants.

Cherry Hill, N.J. – The plan administrator of the Airport Hospitality, LTD 401(k) Plan now located in King of Prussia, Pennsylvania, was ordered to pay the $86,500 penalty assessed by the U. S. Department of Labor's Employee Benefits Security Administration (EBSA), according to the decision and order of the department's Office of Administrative Law Judges.

Atlanta – The U.S. Department of Labor has sued Atlanta engineering company Williams-Russell & Johnson and two of its owners, Pelham C. Williams and Charles E. Johnson Sr., for failure to forward employee contributions and loan repayments in a timely manner to the company's 401(k) plan in violation of the Employee Retirement Income Security Act (ERISA).

Washington – The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) will host a free webcast January 21 to help employers, plan administrators and service providers prepare for changes to the Form 5500 and electronic filing requirement that begin with the 2009 plan year filings.

Raleigh, N.C. – The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) has sued fiduciaries of the former Raleigh-based Castleton Group to restore more than $500,000 in plan losses that resulted from violations of the Employee Retirement Income Security Act (ERISA).

Elk Grove, Illinois – The U.S. Department of Labor has sued the former owners of Jet Fastener Corp. in Geneva and fiduciaries of the company’s health plan to recover employee health benefit contributions used to pay the company’s operating expenses.

Washington – The U.S. Department of Labor today announced the publication of a final rule to protect employee contributions deposited to small pension and welfare benefit plans with fewer than 100 participants by providing a safe harbor period of seven business days following receipt or withholding by employers.

CHICAGO — The U.S. Department of Labor has sued the owners of bankrupt Mid-States Express Inc. of Aurora, Ill., for allegedly failing to protect the interests of the participants and beneficiaries in the company's 401(k) and health plans. The department's lawsuit alleges that Bruce Hartmann failed to disclose to employees that their medical bills were not likely to be paid, even as the company continued to take deductions from their paychecks for medical coverage.

Clarks Summit, Pennsylvania – The U.S. Department of Labor has sued Dalton Mechanical Services Inc. and its president and co-owner, Scott Slocum, for failing to deposit employee contributions into the company’s employee benefit plan in violation of the Employee Retirement Income Security Act (ERISA).

Washington – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) converted to a total electronic system of online filing for the Forms 5500 and new the Form 5500-SF on December 31, 2009. Now the all-electronic EFAST2 system allows the public to submit and access filings online at www.efast.dol.gov.

Reno, Nevada – The U.S. Department of Labor has obtained a bankruptcy court order in which the owners of Jeff Codega Planning & Design Inc. of Reno, Nevada, agreed to restore $35,864 owed to the company’s 401(k) profit-sharing plan.

New York – The U.S. Department of Labor has filed a lawsuit asking the U.S. District Court for the Eastern District of New York to appoint an independent fiduciary to oversee an entity called the Contractors Benefit Trust (CBT), which has control over several dozen employee benefit plans established by construction industry employers in the New York City and Long Island areas.

Lansing, Michigan – The U.S. Department of Labor has sued an officer and fiduciary to the retirement plan of the Popoff Meat Co. in Lansing for improperly using plan assets withheld from employees’ paychecks for the benefit of the company, in violation of the Employee Retirement Income Security Act (ERISA).

Washington – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) today announced the availability of the 2009 Form M-1 annual report for multiple employer welfare arrangements (MEWAs). Plan administrators may use EBSA’s online filing system to expedite processing of the form.

Crystal Lake, Illinois – The U.S. Department of Labor has filed an adversary complaint against Joseph Phelan, former president and fiduciary of Phezer Enterprises Inc. of Crystal Lake, in order to prevent the discharge of $10,470 from his personal bankruptcy, which is owed to the company’s employee health plan.