Compliance Stuff

Executive Summary The U.S. Department of Justice has expanded the Corporate Enforcement and Voluntary Self-Disclosure Policy (the "CEP") to most DOJ components (except for the Antitrust Division). The CEP provides strong incentives for companies to voluntarily disclose corporate misconduct in hopes of obtaining a full declination of criminal charges, or else a non-prosecution agreement ("NPA"), or at least discretionary lenient treatment. The CEP, while offering compelling cooperation incentives, is not a one-size-fits-all panacea, and s maller businesses in particular would be well advised to approach voluntary self-disclosure decisions with appropriate caution, and with the advice of experienced counsel . Introduction On March 10, 2026, the Criminal Division of the U.S. Department of Justice (the "DOJ") announced the extension of its Corporate Enforcement and Voluntary Self-Disclosure Policy (the "CEP") to all DOJ components (with the exception...

Colorado Governor Jared Polis just called for a special legislative session starting August 21 to revisit the state’s landmark artificial intelligence law, signaling that employers and businesses may gain a reprieve from what is slated to be the nation’s most restrictive AI law. The law, set to take effect February 1, 2026 , would impose first-in-the-nation restrictions on high-risk AI systems used in employment and other consequential decisions . But growing concerns from industry, regulators, and lawmakers triggered yesterday’s push by the Governor to pause, revise, or fine-tune the legislation before the clock runs out. Here’s what’s happening, the three possible paths we foresee during this session, and what your organization should be watching for. A Quick Recap: What Will Colorado’s AI Law Actually Do? Signed in May 2024, SB 205 sets out a comprehensive framework to curb algorithmic discrimination in employment, housing, lending, and a slew of other areas.   You can read a fu...

Plan Design Is your small business overwhelmed by annual 401(k) nondiscrimination testing ? A  safe harbor 401(k) plan  can automatically satisfy the  ADP/ACP  and  top-heavy  nondiscrimination tests when certain employer contribution and participant notice requirements are met. That means no corrective refunds to Highly Compensated Employees (HCEs) , no surprise top heavy minimum contributions, and more predictable budgeting—all while giving you an edge in recruiting talent. We get a lot of questions from small business owners about safe harbor 401(k) plans. Here are answers to the most important questions we receive. They reflect changes made by the  SECURE Act of 2019 (SECURE 1.0 ) and  SECURE Act of 2022 (SECURE 2.0). What Makes a 401(k) Plan “Safe Harbor”? To achieve safe harbor status, a 401(k) plan must meet the following requirements: Mandatory Employer Contributions:   Employer must provide employees with either a matching or nonele...

The  SECURE 2.0 Act of 2022 (SECURE 2.0) introduced  major changes to 401(k) plans, especially for small businesses. Three major changes take effect for plan years beginning after December 31, 2024 (January 1, 2025 for a calendar-based plan). They relate to automatic enrollment, long-term part-time eligibility, and catch-up contributions. As a small business owner, it’s crucial to understand the changes to ensure your 401(k) plan is compliant. Below we break down the SECURE 2.0 changes that will affect 401(k) plans for 2025, including practical steps to meet their requirements. If you need further assistance, contact your 401(k) provider. Automatic Enrollment in New Plans Automatic enrollment  is a 401(k) plan feature that automatically enrolls eligible employees at a preset default contribution rate, unless they actively opt out . The feature aims to simplify participation and increase retirement savings rates among employees. What’s New for 2025 SECURE 2.0 requires new ...