U.S. Department of Labor sues Brogue contractor

David Weissman
  • The U.S. Department of Labor is suing Brogue contacting company, B.C., Inc., and its president.
  • Department seeking nearly $250,000 in restoration or lost employee earnings.

The U.S. Department of Labor filed a complaint against a Brogue construction contractor for alleged misused contributions to employees' 401(k) profit-sharing plans, according to a department news release.

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The department is seeking approximately $250,000 in restoration for the unpaid employer contributions, with lost earnings from B.C. Inc. and its president, Tarry Bratton.

Bratton and the company, located at 2555 Delta Road, did not return request for comment.

The department's complaint was filed April 29 in the U.S. District Court for the Middle District of Pennsylvania following an investigation from its Employee Benefits Security Administration.

According to allegations in the complaint filing, the company's 401(k) plan required it to make contributions equal to the amount of fringe benefits paid under prevailing-wage contracts, which it failed to do during a period from January 2009 until July 2012.

The department defines fringe benefits as contributions other than salary or wages given from an employer to an employee, such as health insurance, pension and sick leave.

Department spokeswoman Joanna Hawkins wrote that, because the company was working on government contracts, a certain amount of money from 401(k) contributions was required to be set aside for fringe benefit plans, but it was allegedly used for other purposes.

Bratton and the company "could have successfully collected contributions at the time that they were due," but they "knowingly undertook to conceal each other's acts or omissions that they knew to be violations," the complaint states.

The department goes on to allege that Bratton and the company "dealt with assets of the plan in their own interest or for their own account."

B.C. Inc. "is a full service residential & commercial building & contracting services company with a focus on residential and commercial metal, rubber and shingle roofing," according to its website.

— Reach David Weissman at dweissman@yorkdispatch.com or on Twitter at @DispatchDavid.