Secretary United States Department of Labor v. Kwasny

**What This Case Was About** This case involved a law firm owner, Kwasny, who improperly handled his employees' retirement savings. Instead of putting worker contributions into their 401(k) retirement accounts as required, he directed the money into his law firm's general business accounts. The Department of Labor sued Kwasny for violating federal retirement law (ERISA), which protects workers' pension and retirement benefits. **What the Court Decided** The Third Circuit Court of Appeals ruled against Kwasny, upholding a lower court's decision that he broke the law. The court confirmed that Kwasny violated federal rules by misusing $40,416 in employee retirement contributions. However, the court sent the case back to determine if this judgment amount should be reduced because of a previous state court ruling involving the same misused money. **Why This Matters for Workers** This ruling reinforces important protections for workers' retirement savings. Employers cannot treat employee 401(k) contributions as company money—these funds must be kept separate and properly invested. When employers misuse retirement contributions, federal law provides ways to recover the money and hold employers accountable. Workers should monitor their retirement account statements to ensure contributions are being properly deposited.