Whole Foods Workers File Class Bid in 401(k) Plan Fee Challenge

Former Whole Foods Market Inc. employees challenging the fees associated with the grocer’s $1.9 billion retirement plan asked a Texas federal judge to certify their case as a class action covering about 100,000 people.

The workers’ proposed class would cover all of the Whole Foods plan’s participants and beneficiaries since November 2017. Class certification is “so routine” in lawsuits bringing fiduciary breach claims under the Employee Retirement Income Security Act that defendants in these cases regularly stipulate to class status, the workers said in a motion filed Wednesday in the US District Court for the Western District of Texas.

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