ESOP Administrators Have Duty to Employees, Supreme Court Says

The Supreme Court is looking out for Americans with employee stock ownership plans (ESOPs), a form of retirement plan. That’s what the justices essentially said in their unanimous June 25 decision in Fifth Third v. Dudenhoeffer, in which employees sued because their ESOP administrators invested in a way that caused them to lose money. In this case, the administrators, or “fiduciaries,” had invested the employees’ money in the employer’s own stock even though they knew (according to the plaintiffs) that …