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The funds were allegedly never forwarded to the 401(k) plan and became combined with company assets, the lawsuit claims.
According to the lawsuit, more than $163,000 in employee contributions were not forwarded to the plan in timely fashion, which violated ERISA.
In addition to regaining lost costs and interest for the participants in the retirement plan, the Labor Department is seeking the appointment of an independent party to oversee the plan, according to the news source.
ERISA was enacted in 1974, according to the Web site for the Department of Labor.