RAPID CITY, S.D. (AP) — The U.S. Department of Labor has filed a lawsuit against a western South Dakota construction company to recover more than $33,000 in employment benefits.

The federal agency on Wednesday announced the suit against Rapid City-based Remodel King Construction Incorporated.

Scott Sogge is the company’s president and sole owner. The agency says he withheld more than $33,000 in earned wages from employees’ pay intended to go toward the company’s retirement plan, but misspent the funds.

Federal officials say the alleged violation happened between May 2008 and December 2010.

The suit is seeking a court order requiring the company to restore the amount to the retirement plan.

The suit also wants to bar the company from violating the federal Employee Retirement Income Security Act in the future.