Employee Benefits Law Blog
The U.S. Department of Labor (DOL) has taken a significant step toward reshaping the investment landscape for defined contribution plans. In March 2026, the DOL released a proposed rule addressing the inclusion of alternative investments, such as private equity, real estate, private credit, and digital assets, in participant-directed retirement plans.
While the proposal does not require plan sponsors to add these investments, it signals a meaningful shift in how fiduciaries may evaluate and incorporate them under ERISA.
1. The Safe Harbor Framework
Under the proposal, a ...
On January 15, 2026, the U.S. Department of Labor’s Employee Benefits Security Administration (“EBSA”) announced a major update to its national enforcement projects for fiscal year 2026. The changes are intended to focus enforcement resources on areas that pose the greatest risk to plan participants and beneficiaries, while reducing emphasis on minor or technical compliance issues.
According to the Department of Labor, this is the most significant revision to EBSA’s enforcement framework in recent years. The goal is to make investigations more efficient and ...