On May 28, 2025, the Department of Labor (“DOL”) issued Compliance Assistance Release No. 2025-01 which rescinds the DOL’s prior Compliance Assistance Release No. 2022-1 which had warned 401(k) plan fiduciaries against adding cryptocurrencies as direct investment options under their plans.

The 2022 guidance (described in more detail here) cautioned 401(k) plan fiduciaries to

UPDATE: The Department of Labor rescinded Compliance Assistance Release 2022-01 on May 28, 2025 (discussed in more detail here).

Kryptonite is a fictional substance that causes the mighty Superman to lose all his strength. According to a recent release from the U.S. Department of Labor Employee Benefits Security Administration (“DOL”), cryptocurrency might carry similar