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 Allegations: Based on an investigation by the Employee Benefits Security Administration, the Department of Labor filed a complaint June 29 alleging that Brunk and Brunk Industries, Inc., are plan fiduciaries who failed to collect fringe benefit contributions owed to the plan, in violation of the Employees Retirement Income Security Act of 1974. The Department alleged that $108,000 in fringe benefit contributions based on work performed by company employees under prevailing wage laws were not paid to the plan. Instead, the funds were used for non-plan purposes. The Department seeks restoration of the plan's losses, removal of Brunk as the plan's fiduciary, and appointment of an independent fiduciary to terminate the plan and distribute assets to the participants.
Court: United States District Court, Eastern District of California, Sacramento Division Docket Number: 1:15-cv-00985---SAB U.S. Department of Labor news materials are accessible at www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).
