SACRAMENTO – A San Francisco County employer is alleged to have not submitted to an audit per the terms of a bargaining agreement.
on behalf of supplemental income 401(k) plan filed a complaint on Feb. 2
in the U.S. District Court for the Northern District of California
against Eastopen Inc., doing business as Hotel Whitcomb, citing the
Employee Retirement Income Security Act.
According to the
complaint, the defendant has a bargaining agreement with Teamsters Union
Local No. 856, International Brotherhood of Teamsters. The suit states
that the defendant was contacted on March 16, 2016, regarding a payroll
audit from Jan. 1, 2012 to the present. The plaintiffs hold Eastopen
Inc., doing business as Hotel Whitcomb, responsible because the
defendant allegedly failed to fulfill its obligations under the
agreement by failing to permit and submit its documents and records to
The plaintiffs request a trial by jury and seeks
judgment ordering plaintiff's access to records or other documents in
the defendant's possession, attorney's fees and court costs, unpaid
contributions if any are discovered, liquidated damages, interest, audit
fees, and other legal or equitable relief as the court deems
appropriate. They are represented by Catherine E. Arostegui of Beeson,
Tayer & Bodine APC in Sacramento.
U.S. District Court for the Northern District of California Case number 4:17-cv-00547