Exclusion of Eligible Employee Case Law

[spartytax]

Is anyone aware of specific cases addressing claims for monetary damages relating to the exclusion of eligible employees in a 401(k) plan - sponsor has already followed EPCRS correction guidance and made QNEC?  Thanks in advance.

[QDROphile]

Monetary damages are rare under ERISA.  The usual remedy is to put participants in the position that they should have been absent a violation.  In technical terms, ERISA looks to equitable remedies rather than legal remedies (damages).