- On January 21, 2026
On January 15, 2026, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) released updated national enforcement initiatives for fiscal year 2026. These initiatives outline the areas EBSA will emphasize in its enforcement activities, with the goal of improving compliance with employee benefit plan requirements, curbing harmful practices, and reinforcing protections for plan participants and beneficiaries.
Agency Overview
EBSA operates within the U.S. Department of Labor and is responsible for administering and enforcing Title I of the Employee Retirement Income Security Act of 1974 (ERISA). ERISA sets fiduciary, reporting, and disclosure standards for private-sector employee benefit plans. Through its oversight, EBSA safeguards the benefits of more than 156 million workers, retirees, and family members participating in roughly 2.6 million health plans, 801,000 private retirement plans, and more than 500,000 other welfare benefit plans.
Key Enforcement Focus Areas for FY 2026
EBSA’s national enforcement projects define the agency’s primary areas of investigative focus. Under the updated framework, EBSA will concentrate on the following topics:
- Cybersecurity risks – This initiative targets the growing threat of cyber incidents affecting employee benefit plans and participants’ personal and financial data.
- Mental health and substance use disorder benefits – EBSA will scrutinize plans and service providers that improperly restrict access to mental health and substance use disorder benefits. Areas of concern include overly complex claims procedures, unsupported treatment limitations, inaccurate provider directories, and unreasonable coverage restrictions.
- Surprise medical billing – This project evaluates compliance with the No Surprises Act (NSA). Investigations will examine whether plans apply the prudent layperson standard to emergency care, treat certain services as in-network for cost-sharing purposes, and provide required participant notices. EBSA will also review adherence to additional NSA safeguards, such as limits on prior authorization and restrictive administrative practices.
- Safeguarding benefit distributions – This initiative focuses on ensuring participants receive the retirement benefits they are entitled to, particularly when plan sponsors experience financial distress, fail to act, or abandon their plans.
- Management of retirement plan assets – EBSA will assess whether fiduciaries are prudently selecting, monitoring, and managing retirement plan investments to protect participants’ long-term retirement income.
- Criminal misuse of contributory benefit plans – This project addresses criminal conduct involving employer-sponsored retirement and health plans, with an emphasis on protecting employee contributions from fraud or theft.
Additional Enforcement Efforts
Beyond the national projects, EBSA will continue its ongoing efforts to identify abusive Multiple Employer Welfare Arrangements (MEWAs). The agency will work to shut down fraudulent MEWA operators and prevent them from establishing new arrangements across state lines.