SACRAMENTO – A San Francisco County employer is alleged to have not submitted to an audit per the terms of a bargaining agreement.
Trustees 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 an audit.
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