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The department has asked the firm and co-owner David Biggerstaff to restore $26,163.50 plus interest in contributions to the company's 401(k) plan, the lawsuit states. The suit was filed recently in US District Court in Madison, Wisconsin.
According to the suit, Biggerstaff and the company allegedly did not put employee contributions into the plan from October 26, 2007, through January 30, 2009. The money was instead added to the company's general account and was used to pay some expenses, according to the lawsuit.
ERISA is a federal law that "sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans," according to the Department of Labor's Web site.