#legal
Legal considerations for business finance and accounting compliance
The SEC pays whistleblowers 10–30% of sanctions collected above $1 million, and received a record 53,753 tips in FY2025. Here is how the program works, why private companies are in scope, what Rule 21F-17 forbids in your NDAs, and the five internal-control steps that keep a concern from becoming an enforcement action.
Late fees are enforceable only when the client agreed to them in writing before the invoice went overdue. This guide covers the 1%–1.5% per month market standard, state usury limits, grace periods, and how to book fee income to a separate account for clean revenue and tax reporting.
Colorado's HB25-1090 took effect January 1, 2026, requiring any business that advertises a price to Colorado customers to show the maximum total including every mandatory fee, displayed more prominently than any other price. Violations are deceptive trade practices under the Colorado Consumer Protection Act — up to $20,000 per violation, treble damages in private suits, and 18% compounded interest on unlawful rental fees.
Federal law only requires final wages by the next regular payday, but states add same-day deadlines and penalties — California's daily-wage meter up to 30 days, Massachusetts treble damages, Colorado's 2x/$1,000 floor — plus mandatory vacation payout in a handful of states.
The Fair Labor Standards Act has no employee-count trigger — enterprise coverage begins at $500,000 in annual gross sales, and individual coverage can apply well below it. Here is what changes at the threshold, the five obligations it imposes, and a seven-step checklist to run before an investigator calls.
A PMSI lets a supplier outrank a bank's earlier blanket lien on the goods it sold — but only with exact mechanics: file within 20 days for equipment, and for inventory perfect before delivery plus send an authenticated notice the lender received within the prior five years.
Three federal posters — FLSA, OSHA 3165, and EPPA — apply to nearly every private employer, while the EEO "Know Your Rights" notice kicks in at 15 employees and FMLA at 50. Every one is free from the government, and DOL guidance lets fully remote teams satisfy the continuous-posting rule electronically.
An SSA no-match (EDCOR) letter means a W-2's name and SSN don't match SSA's records — and more than 70% of flagged records belong to native-born U.S. citizens. Here's the four-step employer response, the five actions that trigger INA discrimination liability, and the 2026 IRS penalty tiers of $60, $130, and $340 per incorrect return.
Accountant malpractice claims require proving duty, breach, causation, and damages — and the math is narrower than most clients expect: penalties caused by the error are typically recoverable, interest often is not, and tax you legally owed almost never is. State deadlines run two to six years, and an engagement letter's liability cap may limit recovery to the fees you paid.
The FTC's amended COPPA Rule, finalized in January 2025 with compliance required by April 2026, reaches any app or website with actual knowledge of users under 13, not just products built for children. It requires a separate opt-in parental consent before sharing a child's data or serving targeted ads, a published retention schedule that bars indefinite storage, and a written security program, with civil penalties above $50,000 per violation. This guide lays out who is covered, which consent methods the FTC accepts, and a seven-step checklist a small team can run without a privacy department.
A lien waiver comes in four forms, and two words decide whether you kept your lien rights. Conditional waivers release rights only if the payment clears, so they go out with the invoice; unconditional waivers release immediately whether or not you are paid, so they go out only after funds clear the bank. Includes the through-date, retainage, and preliminary-notice rules that make the system hold up.
A personal Spotify plan is not a public-performance license. Playing it for customers exposes a business to statutory damages of $750–$30,000 per song ($150,000 if willful), while blanket licenses from ASCAP, BMI, SESAC, and GMR run roughly $500–$2,000 a year and business music services cost $17–$60 a month per location. The Section 110(5) exemption covers only over-the-air radio and TV in establishments under 2,000 square feet (3,750 for food and drink), never streaming.
