I think pretty highly of the Department of Labor when it comes to ERISA governed plans, and feel they do a pretty good job across the board. That doesn’t mean, though, that you want to be investigated by them if you are a plan sponsor. It’s a little like being audited by the IRS – even if you didn’t do anything wrong and you don’t owe anything, it’s an experience you would rather avoid.
When it comes to 401(k) plans, there are a number of things that plan sponsors can do to avoid being the target of an investigation, and even more things they can do to make sure that, if they are investigated, the results are benign. I talk about them in detail in this article I am quoted in, “DOL Cracks Down on Employer 401(k) Issues,” on BenefitsPro.com.