DOL Clarifies Enforcement Priorities

The Department of Labor's Employee Benefits Security Administration (EBSA) has issued Field Assistance Bulletin (FAB) 2026-01, a memorandum to EBSA staff from Assistant Secretary Daniel Aronowitz providing guiding principles for EBSA's enforcement priorities. The guidance notes that these priorities and principles are designed to ensure that EBSA’s enforcement is fair, even-handed, responsive, and focused. The four priorities address

• focusing enforcement on the most egregious conduct and significant harm;
• ensuring, whenever possible and consistent with our mission, that EBSA does not regulate by enforcement and instead promotes fairness, prior notice, and clarity to the regulated community;
• requiring proper review by senior agency officials of all critical enforcement initiatives; and
• committing to timely and responsive enforcement. 

The memorandum goes on to state that EBSA staff will not compromise the Department’s independence, integrity and credibility with the regulated or participant communities—including eliminating any appearance that EBSA enforcement activities are being coordinated with plaintiff lawyers pursuing private actions.