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Hot Off the Press! DOL's 2026 Enforcement Priorities

The U.S. Department of Labor’s Employee Benefits Security Administration ("EBSA") today announced an update to its national enforcement projects for fiscal year 2026. EBSA describes the changes as the “most significant” it has made in recent years and indicated that it will focus its enforcement resources to increase employee benefit plan compliance and  “deliver results that increase security for participants and beneficiaries.”

EBSA indicated that the following cases will be prioritized in 2026:

  • Cybersecurity

  • Barriers to mental health and substance use disorder benefits

  • Protecting benefit distributions

  • Retirement asset management

  • Surprise billing

  • Criminal abuse of contributory benefit plans

Notably, EBSA removed employee stock ownership plans and indicated it will reduce its focus on missing participants due to the Retirement Savings Lost and Found Database. EBSA noted that it will continue its long-standing commitment to investigating and litigating issues connected with abusive Multiple Employer Welfare Arrangements ("MEWAs") and prevent fraudulent MEWA operators from opening new arrangements in other states. 

“By recalibrating the areas our investigators focus on, EBSA investigations will be more efficient, responsive, and prioritize serious misconduct rather than minor foot faults.”

Tags

health & welfare programs, erisa, federal insurance regulation, employers & sponsors, investigations & enforcement