DOL – Employee Benefits Security Administration (EBSA)

Sep 30, 2025 | Agencies, Workplace Rights & Benefits

The Employee Benefits Security Administration (EBSA) is part of the U.S. Department of Labor, and its job is to make sure employee benefit plans are managed fairly and lawfully. That includes retirement plans, health insurance, and other workplace benefits that employees rely on.

For employers, EBSA enforcement means your retirement and health plans must follow strict rules under federal law—particularly the Employee Retirement Income Security Act (ERISA).

What EBSA does

EBSA oversees the administration and enforcement of federal laws that regulate employee benefits. Its main responsibilities include:

  • Enforcing ERISA (1974), which sets standards for private-sector retirement and health plans.

  • Protecting employee rights to benefits like 401(k)s, pensions, and health coverage.

  • Ensuring employers provide required disclosures and plan information to employees.

  • Investigating fraud, mismanagement, or misuse of plan assets.

  • Overseeing compliance with newer laws like the Affordable Care Act (ACA) and COBRA.

Why EBSA matters to employers

If your business offers benefits such as retirement savings plans, group health insurance, or disability coverage, EBSA rules apply. Employers and plan administrators must:

  • Provide participants with clear plan information

  • Meet fiduciary duties to act in employees’ best interests

  • File required reports, like the Form 5500 annual return/report for benefit plans

  • Follow COBRA continuation coverage rules after qualifying events

  • Ensure compliance with ACA requirements for group health plans

Common mistakes employers make

  • Failing to distribute Summary Plan Descriptions (SPDs) or other required notices

  • Missing deadlines for Form 5500 filings

  • Not monitoring service providers or investment options in retirement plans

  • Mishandling COBRA notices or continuation coverage

  • Overlooking fiduciary responsibilities for plan management

Penalties for violations

Employers who violate EBSA rules may face:

  • Civil penalties for late or missing filings

  • Personal liability for fiduciaries who misuse or mismanage plan assets

  • Enforcement actions requiring correction of plan deficiencies

  • Lawsuits from employees or plan participants

  • Reputational damage if benefits are mishandled

How to stay compliant

  1. Review and update benefit plan documents regularly.
  2. Provide employees with all required disclosures in plain language.
  3. Monitor retirement and health plan administrators carefully.
  4. File Form 5500 and other required reports on time.
  5. Train HR and management staff on ERISA, COBRA, and ACA requirements.

How Kubera HR Solutions can help

At Kubera HR Solutions, we help employers review benefit plans, audit compliance processes, and train staff on EBSA requirements. From COBRA notices to ERISA reporting, our team ensures your benefits programs are managed properly, keeping your business compliant and your employees protected.