Ohio Engineering Firm Penalized for 401(k) Plan Breach

A federal court has ordered a Cincinnati, Ohio civil engineering firm and its owner to pay $45,699.63 to employee accounts in the company’s 401(k) plan after the U.S. Department of Labor found the company violated federal employee benefits law.

The U.S. District Court for the Southern District of Ohio, Western Division, entered a consent order and judgment resolving a complaint filed by the department. The complaint alleged that between Feb. 10, 2017, and Aug. 19, 2022, Infrastructure & Development Engineering Inc. and its owner James Hahn failed to remit employees’ retirement contributions to the company’s 401(k) plan and failed to prudently manage the plan, in violation of the Employee Retirement Income Security Act.

Under the court order, Hahn and the company must pay $45,699.63 to the accounts of affected employees and former employees.

“This employer violated federal law by withholding employee 401(k) plan contributions and failing to deposit them into the company’s retirement plan,” said Employee Benefits Security Administration Regional Director Joe Rivers in Cincinnati. “The Department of Labor will enforce the law, hold employers accountable, and make sure that employees receive their hard-earned retirement benefits.”

After restoring the retirement assets, Hahn must take steps to terminate the Infrastructure & Development Engineering Inc. 401(k) Plan and be removed as a fiduciary to the plan. Hahn and the company were assessed a $9,139.93 civil penalty for fiduciary breaches.

Source: Department of Justice