• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Missing 401(k) contributions: Company held in contempt, faces daily fine by court order

Carol Warner
By: Carol Warner
  • Share on

About the Author

For nearly two decades, Carol Warner has analyzed the legal and financial realities behind workplace decisions, covering employment law, benefits, payroll and HR technology. She translates complex legal updates, regulatory shifts and vendor claims into plain language that HR teams can act on. Her focus is simple: What does this mean for employers, and what should they do next? Connect with her on LinkedIn.

Show Less
Last Updated: July 17, 2023
2 minute engagement
Court issues $100 daily fine until missing contributions are repaid

Word to the wise: Never try to duck out of obligations outlined in a consent decree. You won’t be able to hide for long.

That’s a lesson recently learned the hard way by a Baltimore company and its owner, Bryan Hill.

Here’s how the whole mess got started – and the latest development in the case.

Where’s the money? Missing 401(k) contributions come to light

A probe by the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) found Bicallis LLC and Hill:

  • Failed to forward employees’ pay deductions for 401(k) plan contributions, and
  • Did not collect matching and safe harbor contributions the company owed the plan from October 2017 through December 2019.

The DOL filed a lawsuit against Bicallis and Hill, alleging violations of the Employee Retirement Income Security Act of 1974 (ERISA). Specifically, Section 409 of ERISA  imposes personal liability on plan fiduciaries to “make good to [the] plan any losses to the plan resulting from a breach” of fiduciary.

In May 2022, the parties entered into a consent decree that:

  • Outlined a repayment plan to restore the funds
  • Removed Bicallis and Hill from their fiduciary positions with the plan
  • Permanently barred Bicallis and Hill from serving in a fiduciary capacity for any plan covered by ERISA in the future, and
  • Ordered Bicallis and Hill to pay for the cost of a court-appointed independent fiduciary to administer the plan and distribute benefits to its participants and beneficiaries.

DOL seeks court intervention

But the terms of the agreement were not followed, according to the EBSA. So the DOL turned to the court for help.

Late last month, a federal court in Maryland granted the DOL’s motion to hold Bicallis and Hill in contempt of court after they violated the court’s order by not complying with the agreement.

As part of its contempt finding, the court tacked on a civil penalty, ordering Bicallis and Hill to pay a fine of $100 per day until the amounts owed are paid in full.

“Complying with a court order is never voluntary,” EBSA Acting Regional Director in Philadelphia Norman Jackson said in a statement. “We are committed to protecting the integrity of employee benefit plans and making certain those who serve these plans meet their legal obligations, including safeguarding employees’ retirement assets.”

Info: Court Holds Company, Owner in Contempt for Failing to Comply With Order to Restore $153K to 401(k) Plan, 7/11/23.

Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

White Papers

Experience & Loyalty Insights: A Research-Based Review

Provided by Conduent

White Papers

Is Your Employee Engagement Program Under Control? The Engagement Maturity Map

Provided by Terryberry

Webinars

[Employment Law] Red Flags Every HR Pro Should Know

White Papers

Ultimate Guide to Selecting a Managed Service Provider (MSP)

Provided by Magnit

SPONSORED CONTENT

HR Technology

sponsored content
The Best AI Software for HR Automation

Courtesy of G-P

Talent Management

sponsored content
Powerful Employee Retention Strategies for 2025: How to Keep Your Best People

Courtesy of PEOPLEGURU

Benefits

Health Care

Wellness

sponsored content
Proven Results: 5 Ways Teladoc Health Chronic Condition Management Transforms HR Outcomes

Courtesy of TELADOC HEALTH

Further Reading

  • Employment Law
Fired over a mental health stereotype? What a $100K ADA mistake looks like

As you may have heard, focusing on employees’ mental health and well-being is expected to be one of the biggest workforce trends in 2024....

  • Employment Law
8th Circuit Upholds ADA Accommodation Win for Deaf Driver

Memo to HR: In ADA accommodation cases, be sure to conduct an individualized assessment of the applicant or employee before you conclude th...

  • Employment Law
He didn’t record his OT: Does he get paid for it?

You might think you know all the ins and outs of when time worked by employees — including OT — must be paid. After all, it sou...

  • Employment Law
DOL Finds Wage and Hour Violations: Pizza Company Pays $409K

A Little Caesars franchisee will pay $409,457 for federal wage and hour violations, the Department of Labor (DOL) recently announced. Th...

  • Employment Law
  • Policy & Procedures
Can You Request Doctors’ Notes for Each Suspicious FMLA Absence?

Got a problem with employees always taking intermittent FMLA leave around weekends? You’re not alone. Case in point: To combat wh...

  • Employment Law
Unposted Job Openings Create Age Discrimination Risk, Court Rules

Most HR leaders know that rejecting a promotion candidate solely because of age is unlawful age discrimination. But a new federal court rul...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.