Corey Rosen
New DOL Guidance Suggests Lighter Hand on ESOP Litigation
On April 14, the Employee Benefits Security Administration (EBSA) in the Department of Labor (DOL) laid out its new enforcement priorities in Field Assistance Bulletin 2026-01. The memo states that these priorities will be:
- Focusing enforcement on the most egregious conduct and significant harm;
- Ensuring, whenever possible and consistent with the EBSA's mission, that the EBSA does not regulate by enforcement and instead promotes fairness, prior notice, and clarity to the regulated community;
- Requiring proper review by senior agency officials of all critical enforcement initiatives; and
- Committing to timely and responsive enforcement.