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Priority review Guidance Amended Final

Field Assistance Bulletin 2026-01 Updates EBSA Enforcement Priorities

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Summary

The Department of Labor's EBSA issued Field Assistance Bulletin 2026-01 on April 14, 2026, replacing prior enforcement priority guidance and establishing four new guiding principles for its employee benefits enforcement program. The FAB signals a shift away from second-guessing prudent fiduciary discretion toward even-handed, fair enforcement grounded in statutory language, agency guidance, and established case law. Employers, plan fiduciaries, and benefits service providers should review FAB 2026-01 to understand which conduct EBSA will prioritize and how the four enforcement principles — focusing on egregious harm, avoiding regulation-by-enforcement, requiring senior review of critical initiatives, and ensuring timely response — may affect future compliance expectations.

Why this matters

Plan fiduciaries and benefits service providers should review FAB 2026-01 to assess whether their current practices align with the four guiding principles, particularly the commitment to enforcement grounded in statutory language and established case law. The bulletin does not create new legal obligations but signals where EBSA will direct investigative resources going forward.

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GovPing monitors US EBSA News Releases for new labor & employment regulatory changes. Every update since tracking began is archived, classified, and available as free RSS or email alerts — 3 changes logged to date.

What changed

Field Assistance Bulletin 2026-01 updates EBSA's enforcement priorities by establishing four guiding principles: (1) focusing enforcement on the most egregious conduct causing significant harm; (2) avoiding regulation-by-enforcement where possible to provide prior notice and clarity; (3) requiring senior agency official review of all critical enforcement initiatives; and (4) ensuring EBSA's enforcement is timely and responsive. The bulletin also signals a departure from questioning the prudent discretionary judgment of fiduciaries, instead emphasizing enforcement that tracks the statutory language, agency guidance, and established case law.

Plan sponsors, plan fiduciaries, and benefits service providers covered by ERISA should review FAB 2026-01 to understand how EBSA's enforcement focus has shifted. The bulletin does not create new legal obligations but signals what conduct EBSA will prioritize and how enforcement will be structured, which may affect internal compliance priorities and audit readiness.

Archived snapshot

Apr 23, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

News Release

US Department of Labor issues Field Assistance Bulletin updating enforcement priorities for employee benefits laws

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration today issued Field Assistance Bulletin 2026-01 to clarify its enforcement priorities and guiding principles.

As the chief enforcement agency of the United States’ voluntary employee benefits system, EBSA periodically reviews and evaluates the responsiveness and effectiveness of its enforcement and regulatory efforts to ensure it is achieving its mission of protecting the workplace-related benefits of American workers and their beneficiaries. Based on a recent evaluation, this FAB updates the priorities of EBSA’s enforcement program to focus on the security of employee benefits while informing the regulated community.

“This update to our enforcement program makes it clear that our focus is on true bad actors whose actions harm the benefits American workers and retirees have earned for themselves and their families,” said Assistant Secretary of Labor for Employee Benefits Security Daniel Aronowitz. “We will no longer be second-guessing the prudent discretionary judgement of fiduciaries but instead will have even-handed and fair enforcement with a close relationship to the language of the law, guidance issued by the Department of Labor, or clearly established case law.”

The FAB sets forth EBSA’s enforcement priorities and four guiding principles that are designed to ensure that EBSA’s enforcement is fair, even-handed, responsive, and focused.

The priorities are:

  • Focusing enforcement on the most egregious conduct and significant harm.
  • Ensuring whenever possible and consistent with our mission that EBSA is not regulating by enforcement, guaranteeing fairness, prior notice, and clarity to the regulated community.
  • Performing a proper review by senior agency officials of all critical enforcement initiatives.
  • Committing that EBSA’s enforcement will be timely and responsive. EBSA ensures the security of retirement, health, and other job-based benefits for American workers and their families. The agency is responsible for protecting more than 156 million workers, retirees, and their families, who are covered by approximately 2.6 million health plans, 801,000 private retirement plans, and 514,000 additional welfare benefit plans. Together, these plans hold about $13.8 trillion in assets.

Employers and workers can contact EBSA at askebsa.dol.gov or call 866-444-3272 toll-free for help with private sector job-based retirement and health plans.

Read Field Assistance Bulletin 2026-01, Guiding Principles for EBSA Enforcement Priorities.

Agency Employee Benefits Security Administration Date April 14, 2026 Release Number 26-609-NAT Media Contact: Christine Feroli Phone Number 202-693-4664 Email feroli.christine.e@dol.gov Media Contact: Grant Vaught Phone Number 202-693-4672 Email vaught.grant.e@dol.gov Share This
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Last updated

Classification

Agency
EBSA
Published
April 14th, 2026
Instrument
Guidance
Branch
Executive
Legal weight
Non-binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Employers Plan sponsors Benefit plan administrators
Industry sector
9211 Government & Public Administration
Activity scope
Employee benefits administration ERISA compliance Fiduciary duty oversight
Geographic scope
United States US

Taxonomy

Primary area
Employment & Labor
Operational domain
Compliance
Compliance frameworks
Dodd-Frank
Topics
Pensions & Retirement Healthcare Securities

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