Earlier this month, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin No. 2026‑01, outlining new principles for how the agency will now approach ERISA enforcement. While styled as internal guidance for EBSA investigators, the bulletin signals where the DOL intends to concentrate its enforcement resources.
One of the most notable aspects of the bulletin is that EBSA plans to focus its enforcement efforts on cases that pose meaningful harm to the employee benefits system, especially those involving bad faith conduct. The agency has signaled scrutiny of individuals and entities that improperly administer plan benefits or misuse plan assets for personal gain or to pursue objectives unrelated to participants’ best interests, including ESG-related initiatives. They have an express focus on breaches of the fiduciary duty of loyalty. However, just as important, the DOL emphasized that ERISA is a “law of process, not results.” If fiduciaries follow a reasonable, well‑documented process, the agency says it generally won’t second‑guess fiduciary decisions where a prudent process was followed.
The bulletin also pushes back on the idea of making new rules through enforcement actions. EBSA says investigations should be grounded in existing laws, regulations, or clear guidance, not new interpretations introduced mid‑investigation. This added layer of review may help reduce unpredictable enforcement theories and region‑by‑region variation. The DOL also acknowledged concerns that some investigations drag on too long. It committed to being more intentional about scope and timing, with greater oversight of long‑running investigations. They stated that routine investigations should be wrapped up within 18 months, with more complex investigations being completed in 30 months. While time will tell whether that plays out in practice, the message is that open‑ended investigations are not the goal.
This new guidance does not eliminate compliance risk, but it reinforces some familiar best practices:
- Make sure there is a solid fiduciary process in place, follow it and make sure fiduciary decisions are well documented.
- Watch for conflicts of interest and vendor relationships.
- Keep benefit plan administration aligned with existing rules, especially for claims processing and disclosures.
The DOL isn’t stepping away from enforcement, but it is signaling a more targeted approach. If you have questions on your fiduciary responsibilities, general compliance or best practices, please contact any member of our employee benefits team.
