In 2015, V&A commenced an action under sections 502(a)(3) and 515 of ERISA and section 301 of the LMRA against an employer in the concrete paving industry to recover benefit contributions owed to employee benefit funds. Audits of the employer collectively covering 2013-15 revealed that it owed benefit contributions on behalf of its employees totaling $576,097. The employer disputed the findings, arguing among other things that it was entitled to credits for overpayments made throughout 2013-15. V&A recently negotiated a settlement of the action whereby the employer will pay approximately $900,000, representing the full amount of contributions found to be due and owing in the audits, interest thereon at a rate of 10%, audit costs, and all attorneys’ fees and costs incurred by the employee benefit plans whom V&A represented. V&A simultaneously settled a separate audit of the employer for various employee benefit funds in the carpentry trade which revealed that the employer owed benefit contributions of approximately $282,000. Through its litigation efforts, V&A will recover benefit contributions and other amounts for its clients totaling approximately $1.2 million.
Through its litigation efforts, V&A will recover benefit contributions and other amounts for its clients totaling approximately $1.2 million.
