Laborers Fund’s Withdrawal Liability Suit Survives

The New Jersey Building Laborers’ Statewide Pension Fund may move forward with a withdrawal liability lawsuit against a construction contractor under theories that it is the same employer, joint employer and/or alter ego of another company already judged to owe the fund money, a federal judge held Oct. 14 (N.J. Bldg. Laborers’ Statewide Pension Fund v. CID Constr. Servs., LLC, D.N.J., 2:15-cv-03412-SRC-CLW, unpublished opinion 10/14/15).

The fund sued CID Construction Services LLC under the Employee Retirement Income Security Act, seeking payments owed by a company called U.S. Environmental University. Under a collective bargaining agreement with the New ...