WASHINGTON – The U.S. Department of Labor's Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will hold its 165th public meeting March 1.

The meeting will take place at department headquarters, 200 Constitution Ave. NW, Suite C-5521 Room 4, Washington, D.C. 20210. It will run from 1:30 p.m. to approximately 4:30 p.m. EST.

Date of Action: Jan. 29, 2013

Type of Action: Default judgment

Names of Defendant: Gautam Gupta, Gautam Gupta, M.D., doing business as, Nutrition Clinic 401(k) Plan

46 requests for temporary reinstatement made in 2012

NEW YORK – The U.S. Department of Labor has filed suit in the U.S. District Court for the Eastern District of New York seeking the appointment of an independent fiduciary to manage the 401(k) plan of defunct Windswept Environmental Group Inc. of Holtsville, N.Y.

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration today announced technical updates to its Delinquent Filer Voluntary Compliance Program.

The Employee Retirement Income Security Act requires most private-sector plans to file an annual return/report of employee benefit plan. This is usually the Form 5500 or, for certain small plans, Form 5500-SF. Plan administrators who fail or refuse to comply with ERISA’s annual filing requirement may incur significant monetary penalties.

Date of Action: Jan. 25, 2013

Type of Action: Default judgment

Names of Defendant:Tannile Elizabeth Ortiz, a fiduciary to the Spencer & Associates LLC Profit Sharing and 401(k) Plan

WASHINGTON – The U.S. Department of Labor's Mine Safety and Health Administration today announced that federal inspectors issued 150 citations and nine orders during special impact inspections conducted at eight coal mines and three metal/nonmetal mines last month.

SEASONALLY ADJUSTED DATA In the week ending January 19, the advance figure for seasonally adjusted initial claims was 330,000, a decrease of 5,000 from the previous week's unrevised figure of 335,000. The 4-week moving average was 351,750, a decrease of 8,250 from the previous week's revised average of 360,000.

WASHINGTON – Deputy Secretary of Labor Seth D. Harris has issued the following statement regarding the Bureau of Labor Statistics report released today on union membership in 2012:

"Today the Bureau of Labor Statistics announced that, in 2012, the unionization rate of employed wage and salary workers was 11.3 percent. Among private sector employees, the rate was 6.6 percent.

Date of Action: Jan. 22, 2013

Type of Action: Default judgment

Name(s) of Defendant(s): Gary L. Merritt, as fiduciary to the Bemcore Inc. Incentive Plan, Bemcore, Inc. and Bemcore, Inc. Incentive Plan in Dayton, Ohio

Date of Action: Jan. 18, 2013

Type of Action: Consent judgment

Name(s) of Defendant(s): Towson Rehabilitation LLC, chief executive officer Howard Neels, and the Towson Rehabilitation 401(k) plan

Allegations: Since January 2006, the defendants failed to remit employee contributions to the plan, remitted certain employee contributions late without interest, and failed to segregate the plan's assets from the general assets of the company.

Date of Action: Jan. 17, 2013

Type of Action: Complaint

Name(s) of Defendant(s): Tripp Mechanical Services, Jarvis Edward Tripp, Jr., and Gina Tripp

WASHINGTON – Secretary of Labor Hilda L. Solis today announced a final rule to strengthen safety in the nation's most dangerous mines. The rule, which revises the Mine Safety and Health Administration's pattern of violations regulation in 30 Code of Federal Regulations Part 104, has been submitted to the Federal Register for publication. It will ensure that mine operators monitor and address the most hazardous safety problems in their mines.

WASHINGTON – Secretary of Labor Hilda L. Solis today announced the availability of approximately $75 million in YouthBuild grant funds to develop programs that will help out-of-school youths complete high school or General Educational Development programs, as well as learn critical occupational skills in construction, health care, information technology and other fields.

SEASONALLY ADJUSTED DATA In the week ending January 12, the advance figure for seasonally adjusted initial claims was 335,000, a decrease of 37,000 from the previous week's revised figure of 372,000. The 4-week moving average was 359,250, a decrease of 6,750 from the previous week's revised average of 366,000.

Complaint asks court to bar security company from government contracting

CHICAGO — The U.S. Department of Labor has filed lawsuits to require Roswell, Ga.-based U.S. Security Associates Inc. — which provides uniformed and trained guards and other emergency responders under federal contract — to submit documents detailing the company's affirmative action plans for its own facilities in Milwaukee, Wis., and Portage, Ind.

WASHINGTON — Officials of the U.S. Department of Labor's Wage and Hour Division and Iowa Workforce Development today signed a memorandum of understanding to protect the rights of employees by preventing their misclassification as independent contractors by employers.

WASHINGTON – Secretary of Labor Hilda L. Solis today issued the following statement regarding the retirement of Sen. Jay Rockefeller:

SAVANNAH, Ga. – A judge has ordered former Savannah attorney Benjamin S. Eichholz and the Eichholz Law Firm P.C. to restore losses and interest to the firm’s retirement and pension plans. The order resolves a lawsuit filed by the U.S. Department of Labor, which was based on an investigation by the department’s Employee Benefits Security Administration. EBSA found that Eichholz and his former law firm breached their fiduciary responsibilities in violation of the Employee Retirement Income Security Act and caused losses to the plans in excess of $1 million.

WASHINGTON The U.S. Department of Labor's Occupational Safety and Health Administration has signed an accord with BNSF Railway Co., headquartered in Fort Worth, Texas, announcing BNSF's voluntary revision of several personnel policies that OSHA alleged violated the whistleblower provisions of the Federal Railroad Safety Act and dissuaded workers from reporting on-the-job injuries.