It is no secret that approximately 70% of all plans investigated by the U.S. Department of Labor are found to be in violation of ERISA and that private litigation is on an upswing. In my experience as a Former Senior Investigator for the DOL , the problem is that in most employers have never had proper instruction regarding their fiduciary duties. Can you imagine a company that didn’t train their employees for their jobs? How effective would the sales team be in distributing their products and services if they were never trained on those products or services? How well would the warehouse run if the workers didn’t have training on proper use of forklifts and safety? They would probably run as well as the 70% of retirement plans that are found to be out of compliance.