Unions’ Motion for Restraining Order Against DOL Blocked

A judge blocked an attempt from several union groups and a think tank to prevent the Department of Labor from allowing Elon Musk and the Department of Government Efficiency to access sensitive data and information.

A federal judge late Friday rejected labor unions’ attempt to block President Donald Trump’s Department of Government Efficiency Service Temporary Service Organization from gaining access to sensitive data at the Department of Labor.

U.S. Senior District Judge John Bates, presiding in the District of Columbia, stated in his opinion that while the court has concerns about the DOL and the DOGE’s alleged conduct, the plaintiffs “failed to establish standing” in their motion for a temporary restraining order.

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A collection of labor unions and a think tank—the Economic Policy Institute—filed a lawsuit and the motion for a temporary restraining order against the DOL and DOGE to prevent DOGE-affiliated personnel from gaining “unlawful” access to DOL systems or information.

The motion had argued that the DOGE could potentially gain access to information regarding American workers, labor statistics and even health information. The union groups alleged that this would be unlawful because the DOGE lacks legal authority to take these actions and the DOL is required under the Privacy Act of 1974 to get individuals’ approval before sharing records with another agency or person.

According to the judge’s opinion, on February 4, DOL leadership reportedly told its employees—including an unnamed DOL employee and member of a plaintiff, the American Federation of Government Employees—that the DOGE personnel would be accessing the DOL headquarters around 4 p.m. on February 5. That information from DOL leadership came with an instruction for employees to “do whatever [the DOGE] asks.” This included providing access to any requested department system without regard to security protocols.

While the plaintiffs argued that allowing the DOGE access to sensitive information will harm millions of workers or their families because it will result in “unauthorized access to sensitive employee health and disability data,” the court stated that association standing requires more than generalizations about the organization’s members.

Organizational standing also requires the plaintiff organization to “show actual threatened injury in fact that is fairly traceable to the alleged illegal action and likely to be redressed by a favorable court decision,” according to Bates’ opinion.

“In sum, plaintiffs fail to establish that any one of them has standing under either route an organization can take,” Bates stated. “That means they are not entitled to preliminary relief at this juncture.”

Bates ordered that the parties file a proposed preliminary injunction motion briefing schedule by no later than February 12.

The plaintiffs in the case are represented by the Democracy Forward Foundation, and the DOL is represented by attorneys Benjamin Kurland and Michael Jospeh Gerardi.

DC Asset Growth Leads Global Retirement Assets to Reach $58.5T

Defined contribution assets have grown by an average of 6.7% per year since 2014, while defined benefit assets have grown at 2.1% per year, according to the Thinking Ahead Institute.

Global retirement assets rose by 4.9% in 2024, reaching $58.5 trillion, according to new research from WTW’s Thinking Ahead Institute. The U.S. remains the biggest market, accounting for 65% of all global pension assets.

When factoring in Japan, Canada and the U.K., the four countries with the most assets accounted for 82% of all global retirement assets globally.

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At the end of 2023, pension assets were valued at $55.7 trillion.

Growth across most of the large markets was driven by defined contribution plans, which in many countries made up a majority of retirement assets. When adding Australia, the Netherlands and Switzerland to the four largest retirement asset markets, defined contribution accounts made up 59% of total assets in those seven countries.

Traditional pension funds are usually defined benefit plans, in which the retiree receives an income for life based on their tenure with an employer and their salary level. Defined contribution plans provide a retiree the assets accumulated from their own and their employer’s contributions, plus investment earnings.

WTW attributed the growth in DC assets in 2024 to defined contribution plans’ higher exposure to growth assets. Defined contribution assets have grown by an average of 6.7% per year since 2014, while defined benefit assets have grown at 2.1% per year, according to WTW.

“The rise of DC becomes more pronounced every year that we conduct this study,” said Jessica Gao, director at the Thinking Ahead Institute, in a statement. “While global pension assets continue to reach new record levels, it is those markets with larger pools of DC assets that are the main engine behind this continued growth.”

Growth does vary by country. In Australia, with its mandatory superannuation system, pension assets have grown 110% since 2014 and 500% over the past 20 years. WTW expects Australia to have the world’s second-largest pension market by 2030 if this growth trajectory continues.

U.S. pension assets have grown by 75% since 2014. Like Australia, a majority of U.S. pension assets are in DC plans. In Australia, this figure is 89%, while in the U.S., 69% of assets are in DC plans. 

The U.K., with only 27% of assets held in defined contribution plans, was the only one of the seven countries with the most retirement assets in which those assets declined over the past year, shrinking 0.7%.

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