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In ESOP Setting, ERISA Fiduciary Law May Apply to Decisions Related to Corporate Salaries, According to Ninth Circuit
ERISA Fiduciary Guidebook 
[Guidance Overview] July 30, 2009
Excerpt: A recent Ninth Circuit case highlights the conflicts that can occur where an ESOP is involved. For instance, are decisions relating to corporate salaries, when made by directors and officers who are also fiduciaries of the company's ESOP, subject to ERISA fiduciary law such that the decisions must be made in the best interest of participants and beneficiaries? The Ninth Circuit in Johnson v. Couturier held that such decisions should be subject to ERISA fiduciary law where the fiduciaries stand to 'directly profit' from such decisions[.]
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