August 26, 2015

Suit seeks recovery of more than $1.6M in losses to employee profit-sharing plan after Illinois health care provider allegedly made improper distributions

CHICAGO – The U.S. Department of Labor is suing an Illinois home health care provider alleging that the company, the profit-sharing plan and two of its trustees improperly authorized distributions of $1,601,908 in profit-sharing plan assets, in violation of the Employee Retirement Income Security Act.

The department’s suit names Palos Hills-based Alliance Home Healthcare Inc.; the Alliance Home Healthcare Inc. Profit Sharing Plan; and company owners and plan trustees, Reginaldo Sulit and Dalisay Sulit.

August 18, 2015

Perez v. Clark V. Hayes, Default Judgment involving the Applied Technology Systems, Inc. Retirement Plan in Cleveland, Ohio

Date of Action: July 10, 2015

Type of Action: Default Judgment

Names of Defendant: Applied Technology Systems, Inc. and Clark V. Hayes, individually and as fiduciaries to the Applied Technology Systems, Inc. Retirement Plan, and the Applied Technology Systems, Inc. Retirement Plan

August 18, 2015

Labor Department files suit against Steven J. Watkins and Oxford Holdings Inc. alleging that they kept employees' contributions to retirement plan

Date of action: Aug. 7, 2015

Type of action: Complaint

Name(s) of defendant(s): Steven J. Watkins, Oxford Holdings Inc., and Aetna 401(k) Plan

August 18, 2015

Court orders Gulf Shores Marina LLC and fiduciaries to compensate GSM/RYS 401(k) Plan for failure to remit employee contributions

Date of Action: Aug. 4, 2015

Type of Action: Consent Judgment and Order

Name(s) of Defendant(s): Gulf Shores Marina LLC, Laura M. Prioli, Stephen C. Main, Kenneth A. Main II, and the GSM/RYS 401(k) Plan 

August 18, 2015

EBSA News Brief: Court orders Gulf Shores Marina LLC and fiduciaries to compensate GSM/RYS 401(k) Plan for failure to remit employee [08/18/2015]

Date of Action: Aug. 4, 2015

Type of Action: Consent Judgment and Order

Name(s) of Defendant(s): Gulf Shores Marina LLC, Laura M. Prioli, Stephen C. Main, Kenneth A. Main II, and the GSM/RYS 401(k) Plan

August 18, 2015

EBSA News Brief: Labor Department files suit against Steven J. Watkins and Oxford Holdings Inc. alleging that they kept employees' contributions to retirement plan [08/18/2015]

Date of action:Aug. 7, 2015

Type of action: Complaint

Name(s) of defendant(s): Steven J. Watkins, Oxford Holdings Inc., and Aetna 401(k) Plan

August 11, 2015

Fiduciaries to restore $19K to Manchester, New Hampshire, 401(k) plan

Date of Action: Aug. 5, 2015

Type of Action: Consent Judgment and Order

Names of Defendants: American Hydraulics Corp., Kevin M. Lynch and Janette M. Rioux, individually and in their capacities as fiduciaries of the AHC Corp. 401(k) Plan

August 11, 2015

EBSA News Brief: Fiduciaries to restore $19K to Manchester, New Hampshire, 401(k) plan [08/11/2015]

Date of Action: Aug. 5, 2015

Type of Action: Consent Judgment and Order

Names of Defendants: American Hydraulics Corp., Kevin M. Lynch and Janette M. Rioux, individually and in their capacities as fiduciaries of the AHC Corp. 401(k) Plan

August 7, 2015

US Labor Department sues Los Angeles-based Storms & Lowe Associates Inc. and its owners to restore 401 (k) plan assets

Date of action: August 6, 2015

Type of action: Complaint

Name of defendants: Storms & Lowe Associates Inc.; James R. Manning; Roger Aguilera; and the Storms & Lowe 401 (k) Plan

August 4, 2015

Labor Department receives judgment for more than $1.3M from DSI Contacting Inc. after misuse of employee retirement funds

Date of action: July 24, 2015

Type of action: Summary judgment and order

Names of defendants: Burgess Baird Jr. and DSI Contracting Inc.

August 4, 2015

EBSA News Brief: Labor Department receives judgment for more than $1.3M from DSI Contacting Inc. after misuse of employee retirement funds [08/04/2015]

Date of action: July 24, 2015

Type of action: Summary judgment and order

Names of defendants: Burgess Baird Jr. and DSI Contracting Inc.

July 30, 2015

EBSA News Release: ERISA Advisory Council to meet August 18-20 [07/30/2015]

WASHINGTON — The Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will hold a meeting Aug. 18-20 in Washington at the Liaison Capitol Hill Hotel at 415 New Jersey Avenue NW, Washington, DC. The meeting will begin at 9 a.m. and end at approximately 5:30 p.m. on Aug. 18 and 19, with a one-hour break for lunch each day. On Aug. 20, the meeting begins at 8:30 a.m. and ends at approximately 12 p.m.

July 28, 2015

Company owner restores more than $59K to Approved Products Inc. 401(k) Savings Retirement Plan in Fairfield, Ohio, following fiduciary breach

Date of Action: July 27, 2015

Type of Action: Complaint, Consent Order and Judgment

Names of Defendants: Marcia Langenecker, individually and as fiduciary of the Approved Products Inc. 401(k) Savings Retirement Plan; Approved Products Inc.; and Approved Products Inc. 401(k) Savings Retirement Plan

July 22, 2015

US Labor Department recovers $30K in missing retirement contributions from Houston area graphic design and printing company

Date of Action: July 16, 2015

Type of Action: Consent judgment and order with Mercury Signs & Display LTD and its owners Travis Hoffart and Ted Hoffart, Jr., in an effort to recover about $30,000 in employee retirement contributions.

Name of Defendant: Mercury Signs & Display LTD and its owners Travis Hoffart and Ted Hoffart, Jr.

July 22, 2015

EBSA News Brief: US Labor Department recovers $30K in missing retirement contributions from Houston area graphic design and printing company [07/22/2015]

Date of Action: July 16, 2015

Type of Action: Consent judgment and order with Mercury Signs & Display LTD and its owners Travis Hoffart and Ted Hoffart, Jr., in an effort to recover about $30,000 in employee retirement contributions.

Name of Defendant: Mercury Signs & Display LTD and its owners Travis Hoffart and Ted Hoffart, Jr.

July 21, 2015

EBSA News Release: Lawsuit returns more than $1M to workers in health care company's Employee Stock Ownership Plan [07/21/2015]

WARSAW, Ind. — A federal court in Indiana has entered an Agreed Order and Judgment requiring PBI Bank Inc. to pay $1,052,613 to the Miller's Health Systems Inc., Employee Stock Ownership Plan to restore alleged losses. The judgment resolves a lawsuit filed by the U.S. Department of Labor against PBI alleging it violated the Employee Retirement Income Security Act when it authorized the purchase of company stock by the ESOP for more than fair market value.

July 16, 2015

EBSA News Brief: US Labor Department files lawsuit to recover more than $84,000 in missing retirement contributions from Denver area environmental engineering firm [07/16/2015]

Date of Action: July 16, 2015

Type of Action: Lawsuit

Name(s) of Defendant: Stewart Environmental Consultants LLC, located and doing business in Fort Collins, Colorado, and owner David Stewart

July 15, 2015

EBSA News Release: US Labor Department files lawsuit to recover $126K in missing plan assets from defunct Michelson Energy Co. in San Antonio [07/15/2015]

Date of Action: July 11, 2015

Type of Action: The U.S. Department of Labor filed a lawsuit against Michelson Energy Co. and three defendants in connection with the Michelson Energy Co. 401(k) and Profit Sharing Plan to recover $126,000 in missing retirement funds affecting 26 workers.

July 14, 2015

EBSA News Release: Final judgment entered after three-year legal battle on behalf of Michigan and Iowa-based pension plans [07/14/2015]

LEXINGTON, Ky. — A consent judgement issued by a Kentucky federal court will recover nearly $300,000 for a pension plan in Michigan, and ban the defendants from serving as plan fiduciaries or service providers again.

July 13, 2015

US Labor Department files complaint seeking restoration of contributions to pension plan sponsored by Brunk Industries, Inc. in Fresno, California

Date of Action: June 29, 2015

Type of Action: Complaint

Names of Defendants: James Brunk, Brunk Industries, Inc. and the Contractors and Employees 401(k) Plan as sponsored by Brunk Industries, Inc. of Fresno, California