HR leaders can expect new guidance from federal agencies in 2026 aimed at making it easier for employers to offer non-traditional investment options, like private equity, in their 401(k) plans. This expected shift in the regulatory landscape follows President Donald Trump’s endorsement of investments, which have historically been considered too risky for 401(k)s, in an Aug. 7 executive order.

Just 11% of 401(k) plans included an alternative asset class in their investment menu as of 2024, according to the Plan Sponsor Council of America, HR Brew previously reported. But which policy changes could get more plan sponsors on board? We spoke to retirement industry leaders and legal experts to find out.

One of the main concerns that’s kept employers from adding alternative assets to their 401(k) plans is fear of litigation, sources told HR Brew. Intel is one high-profile example of the legal risks that these investments carry, as 401(k) participants sued the company in 2015 for investing some of its retirement plan assets in hedge funds and private equity. In doing so, the plaintiffs alleged, the plan fiduciaries breached their duties under the Employee Retirement Income Security Act (ERISA).

While Intel ultimately won, cases like this one nevertheless seem to have spooked total rewards leaders from considering such options for their workforces. Class action lawsuits targeting defined contribution plans such as 401(k)s are on the rise this year, further adding to the uncertain legal environment.

For more on the regulatory changes that could open the door to more private equity in 401(k)s, keep reading here.—CV

AT&T has promised the government that it will not pursue DEI. That’s according to a letter the company sent to Federal Communications Commission (FCC) Chairman Brendan Carr on Dec. 1.

The move, which follows in the footsteps of Verizon, T-Mobile, and Skydance, comes as AT&T seeks FCC approval for a $23 billion acquisition from broadband provider EchoStar. Carr has threatened prosecutions and opened investigations into companies over DEI, and praised others for abandoning their practices.

“We have closely followed the recent Executive Orders, Supreme Court rulings, and guidance issued by the US Equal Employment Opportunity Commission and have adjusted our employment and business practices,” the letter reads.

AT&T said in the letter that it does not, and will not, have a DEI team. DEI does not exist at AT&T, “not just in name but in substance,” and the company “does not and will not have any roles focused on DEI.” While the company echoed language used by the Trump administration, including “merit-based” and “invidious DEI,” in its four-page letter, it doesn’t appear as though AT&T is announcing new changes, including the elimination of existing programs.

For more on AT&T’s letter to the FCC, keep reading here.—KP

How do you go from surviving to thriving?

It’s easy to rhyme, and hard to do. Thankfully, there are a few different ways people leaders can help employees—and themselves—achieve it, according to Jon Rosemberg, co-founder of professional training and coaching firm Anther.

In his new book, A Guide to Thriving: The Science Behind Breaking Old Patterns, Reclaiming Your Agency, and Finding Meaning, Rosemberg shares how to recognize and move beyond survival mode.

Rosemberg sat down with HR Brew to share more from his book.

For more from our conversation with Rosemberg, keep reading here.—MC

The feeling of getting a 5/5 on the Brew’s weekly news quiz has been compared to getting a company-wide shout out from your boss. It’s that satisfying.