Giant Eagle Settles ERISA Class Action Suit Alleging Failure to Control 401(k) Plan Costs

Giant Eagle, a grocery store chain, has settled a class action lawsuit alleging violations of the Employee Retirement Income Security Act (ERISA) led by a former employee. The suit alleged that the company breached its fiduciary duty by failing to contain administrative and recordkeeping costs for the company’s 401(k) plan and act in the plan participants’ best interests, costing them millions. The terms of the settlement agreement, which the parties reached through mediation, remain unknown.

The case is Cheryl Kehrer v. Giant Eagle Inc. et al., case number 2:24-cv-01211, U.S. District Court for the Western District of Pennsylvania.

Plaintiff Cheryl Kehrer filed suit against Giant Eagle in a Pennsylvania federal district court in August 2024, accusing the company of causing excessive and unreasonable financial losses for the plan participants in violation of ERISA. She sought to represent a class of workers who participated in the company’s 401(k) plan from August 2018 to the present.

Giant Eagle has over 470 stores in Indiana, Maryland, Ohio, Pennsylvania, and West Virginia. The company’s 401(k) plan had about 8,260 participants and $658.8 million as of October 2023.

HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.

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HBL offers employers comprehensive legal guidance on benefits in mergers and acquisitions, Employee Stock Ownership Plans (ESOPs), executive compensation, health and welfare benefits, healthcare reform, and retirement plans. We counsel a wide spectrum of clients including small, mid-sized, and large companies, 401(k) investment advisors, health insurance brokers, accountants, attorneys, and HR consultants, just to name a few. HBL is passionate about advising clients, and we are dedicated to our mission: to provide comprehensive, personalized, and practical ERISA and benefits legal solutions that exceed client expectations.