November 25, 2013

Perez v. Andrew C. Rodabaugh and A.R.E. Machine Products Inc. involving unremitted employee contributions

Date of Action: Nov. 18, 2013

Type of Action: Simultaneous Complaint and Consent Order

Names of Defendants: Andrew C. Rodabaugh, A.R.E. Machine Products Inc. and the A.R.E. Machine Products Inc. 401(k) Retirement Plan located in Louisville, Ky.

November 18, 2013

US Labor Department files suit to recover funds for participants in Milwaukee-based Omni Resources Employee Stock Ownership Plan

MILWAUKEE – The U.S. Department of Labor has filed a lawsuit in U.S. District Court to recover funds from the fiduciaries of Omni Resources Inc., a Milwaukee-based information technology company. The suit alleges that Omni Resources’ plan fiduciaries authorized the sale of the company’s stock to the Omni Resources Employee Stock Ownership Plan for $13.7 million, which far exceeded its fair market value. The sale resulted in personal financial gain to company owner Veronica Mueller, who was also a fiduciary to the plan.

November 18, 2013

US Labor Department files suit against former chief executive of Baltimore Behavioral Health to restore employee retirement plan contributions

BALTIMORE – The U.S. Department of Labor has sued William Kristen Hathaway, former chief executive officer of Baltimore Behavioral Health Inc. and fiduciary to the company’s retirement plan, for failing to remit employee contributions, in violation of the Employee Retirement Income Security Act. 

November 15, 2013

US Labor Department secures appointment of independent fiduciary for abandoned Boston, Mass. 401(k) plan

Date of Action: Oct. 10, 2013

Type of Action: Default Judgment

Name(s) of Defendant: Invenio Technologies Inc.

November 15, 2013

US Labor Department files suit to recover losses to and obtain independent fiduciary for White Plains, NY, 401(k) plan

Date of Action: Nov. 13, 2013

Type of Action: Complaint

Name(s) of Defendants: Mark Pasdon, Oxygen Electronics LLC and the Oxygen Electronics LLC 401(k) Profit Sharing Plan  

November 14, 2013

US Labor Department obtains consent judgment securing the restoration of over $90,000 to Ayer, Mass., SIMPLE IRA plan

Date of Action: November 1, 2013

Type of Action: Consent Judgment and Order

Name(s) of Defendant: Goldsmith, Prest & Ringwall, Inc., Calvin R. Goldsmith and Bruce D. Ringwall

November 8, 2013

EBSA News Release: Administration issues final mental health and substance use disorder parity rule [11/08/2013]

WASHINGTON — The Departments of Labor, Health and Human Services and the Treasury today jointly issued a final rule increasing parity between mental health/substance use disorder benefits and medical/surgical benefits in group and individual health plans.

November 7, 2013

US Department of Labor files suit to restore more than $123,000 to retirement plan of Attevo Inc. in Cleveland

CLEVELAND –The U.S. Department of Labor has filed a complaint on behalf of the Cleveland-based Attevo 401(k) retirement plan. The suit, filed in the U.S. District Court for the Northern District of Ohio, Eastern Division in Cleveland, alleges improper use of pension funds and seeks to restore $123,338.85 to the plan.

November 5, 2013

Judge appoints independent fiduciary to distribute more than $16,000 in assets of Polaris America LLC 401(k) Profit Sharing Plan in Columbus, Ohio

Date of Action: Nov. 4, 2013

Type of Action: Consent Order and Judgment

Names of Defendant: Polaris America LLC; Christopher Filos; and the Polaris America LLC 401(k) Profit Sharing Plan

November 1, 2013

US Department of Labor files suit to recover $39,000 in employee contributions to the Welding Unlimited Inc. 401(k) Profit Sharing Plan in Agua Dulce, Calif.

Date of Action: Oct. 1, 2013

Type of Action: Complaint

Names of Defendants: Welding Unlimited Inc.; David R. Shields; Welding Unlimited Inc. 401(k) Profit Sharing Plan

October 31, 2013

EBSA News Release: Judge orders restoration of more than $1.6 million to Sunkist Growers Inc. retirement plans [10/31/2013]

LOS ANGELES — The U.S. Department of Labor today announced that Sunkist Growers Inc. and fiduciaries for the company's retirement plans were required to restore $1,620,420 in losses to employee benefit plans under the terms of a consent judgment and order. The decision, entered in the U.S.

October 31, 2013

Department of Labor files suit to recover over $44,000 for the retirement plan and health plan sponsored by Sunset Golf LLC in Loudonville, Ohio

Date of Action: Oct. 29, 2013

Type of Action: Complaint

Names of Defendants: Daniel Deighan, Timothy Deighan, Sunset Golf LLC, Revolution Golf LLC, Sunset Golf LLC 401(k) Employee Retirement Plan, and Sunset Golf LLC Group Health Plan

October 23, 2013

EBSA News Release: US Labor Department recovers more than $4 million for employee stock ownership plan [10/23/2013]

SAN FRANCISCO — The U.S. Department of Labor today announced that it obtained a consent order requiring the fiduciaries of the Parrot Cellular Employee Stock Ownership Plan to pay $4,181,818 to the plan. The settlement resolves a suit filed in April 2012 after an investigation by the department's Employee Benefits Security Administration found violations of the Employee Retirement Income Security Act. The department alleged that plan fiduciaries caused or permitted the ESOP to purchase Parrot Cellular stock for more than fair market value.

October 22, 2013

Fiduciary to restore more than $12,000 to Spencer & Associates LLC Profit Sharing and 401(k) Plan in Springfield, Ohio

Date of Action: Oct. 22, 2013

Type of Action: Consent Order and Judgment

Names of Defendants: Bruce E. Spencer, Tannile Elizabeth Ortiz and Paul Olzeski, as fiduciaries to the Spencer & Associates, LLC Profit Sharing and 401(k) Plan.

October 22, 2013

EBSA News Release: ERISA Advisory Council to hold open meeting Nov. 4-5 [10/22/2013]

WASHINGTON — A meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans, known as the ERISA Advisory Council, will take place Monday, Nov. 4 from 1 p.m. — 5 p.m. EST. The meeting is open to the public and will be held in room 4 of suite C-5521, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, D.C. 20210. On Tuesday, Nov. 5, the meeting will be split into two sessions: the morning session will continue in room 4 of suite C-5521 from 8:30 a.m.

October 22, 2013

California magazine publisher ordered by US Department of Labor to restore nearly $364,000 to employee pension plan

SANTA MONICA, Calif. — The U.S. Department of Labor has secured a consent judgment with former magazine publisher Twelve Signs Inc. and its president, Richard Housman. An investigation by the department's Employee Benefits Security Administration established that Housman, acting as the sole fiduciary to the employee pension plan, violated the Employee Retirement Income Security Act by mismanaging plan assets, resulting in the loss of $617,839. The judgment requires Housman to restore all losses caused to the plan, less his share.

October 17, 2013

Perez v. New Generations Furniture Co. involving abandoned plan in McKenzie, Tenn.

Date of Action: Sept. 26, 2013

Type of Action: Complaint

Name(s) of Defendant(s): New Generations Furniture Co., New Generations Employee Retirement and Savings Plan, and Ben J. Gaines.

September 20, 2013

EBSA News Release: ERISA Advisory Council to hold open meeting Monday, Sept. 23 [09/20/2013]

WASHINGTON — An open meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will take place Monday, Sept. 23 from 10 a.m. to 4 p.m. EDT. The meeting is open to the public and will be held at the U.S. Department of Labor, 200 Constitution Ave. NW, Washington, D.C. 20210, Room 4 C5521.

September 20, 2013

Judge finds fiduciaries liable for more than $33,000 to Fisher & Partners Structural Engineers Inc. SIMPLE IRA Plan

Date of Action: Sept. 17, 2013

Type of Action: Complaint, Consent Order and Judgment

Names of Defendants: David Fisher, Fisher & Partners Structural Engineers, Inc., and Fisher & Partners Structural Engineers, Inc. SIMPLE IRA Plan located in Chicago, Ill.

September 19, 2013

US Labor Department obtains limited injunction order removing Pennsylvania-based fiduciaries of welfare benefit plans sponsored by employers nationwide

Date of Action: Sept. 16, 2013

Name(s) of Defendant(s): John J. Koresko V, et al.