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Trump vs. Harris: What Could Their Presidencies Mean for Employment Law?

Multimedia, Client Alert

Trump vs. Harris: What Could Their Presidencies Mean for Employment Law?

BMD Partner and Co-Chair of the Employment and Labor Law Group Bryan Meek recently released two episodes of Employment Law After Hours, where he takes a deep dive into the potential employment law changes we could see under two very different 2024 election outcomes.

Whether you’re an HR professional, business leader, or employee, these episodes break down what each candidate’s presidency could mean for the future of work and workplace regulations. Watch both episodes to stay ahead of the potential shifts that could impact your business in 2024!

In this episode, we explore how Kamala Harris’s potential win in 2024 could reshape the American workplace. From raising the minimum wage to reclassifying gig workers, Harris’s labor policies are designed to put workers first—but what does that mean for businesses and employers? Join us as we break down the key areas of her employment agenda: ✅ Minimum Wage Increases ✅ 12 Weeks of Paid Family Leave ✅ Stronger Union Rights & Labor Protections ✅ Gig Worker Reclassification ✅ Pay Equity & Anti-Discrimination Efforts


What Would a Trump 2024 Presidency Mean for Employment Law? In this episode, we explore the potential impact of a second Donald Trump presidency term on the American workplace. Known for his pro-business stance and deregulation efforts, Donald Trump could bring major changes that employers and employees alike need to be prepared for. We’ll break down the key areas of his employment agenda: ✅ Deregulation and Reduced Worker Protections ✅ Gig Workers Classified as Independent Contractors ✅ Tighter Immigration Policies Affecting the Workforce ✅ Support for Right-to-Work Laws and Union Challenges ✅ A Conservative NLRB and Its Impact on Labor Relations. Whether you’re a business owner, HR professional, or employee, this episode gives you the insights needed to stay ahead of the potential shifts.

New Florida Law: Patient Overpayments Must Be Refunded Within 30 Days

Effective January 1, 2026, Florida Senate Bill 1808 requires health care facilities and practitioners to refund patient overpayments within 30 days after an overpayment is identified. The law applies to overpayments tied to claims submitted to government programs or private insurers and introduces fines and disciplinary consequences for noncompliance. Providers should review billing and payment practices now to prepare for the new requirements.

USCIS Policy Change Impacting Work Authorization: Advisory for Employers and Human Resources

USCIS has issued a policy memorandum pausing immigration benefit processing for individuals from 19 high-risk countries and requiring a re-review of certain previously approved cases. This change may affect work authorization, employment verification, and workforce stability. Employers and HR teams should review impacted employees and update compliance procedures.

CMS Releases CY 2026 Medicare Physician Fee Schedule Final Rule with Key Payment and Telehealth Updates

CMS issued the CY 2026 Medicare Physician Fee Schedule Final Rule on October 31, 2025, with changes effective January 1, 2026. The Final Rule includes increases to the conversion factor, a new efficiency adjustment, updates to practice expense methodology, permanent telehealth policy changes, revised payment for skin substitutes, expanded rules for Part B drugs and biologicals, enhanced policies for Rural Health Clinics and Federally Qualified Health Centers, and new care management and behavioral health services.

Ohio Department of Medicaid Updates: Key Changes to Physician Reimbursement Rates in Early Parenthood

The Ohio Department of Medicaid has proposed amending Ohio Administrative Code Rule related to covered Medicaid reimbursements for physicians. Beginning on January 1, 2026, they are proposing an increase to rates for prenatal care, childbirth, and infant care and provider visits.

Name, Image, and Likeness Agreements in Healthcare

For example, some healthcare providers have begun to utilize "Name, Image, and Likeness" agreements to promote the brand they have created through their healthcare practice.  We have seen the most healthcare NIL activity with longevity and wellness providers, as well as orthopedics.