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

Multimedia, Client Alert
October 22, 2024

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!

Kamala Harris’s Employment Agenda: A Game-Changer for Employers?

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

Back to Deregulation? Trump’s Employment Plans Predicted

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.

Client Alert

Substance Use Disorder Providers: 42 CFR Part 2 Now Enforceable

April 15, 2026Updates to 42 CFR Part 2 are now enforceable, bringing significant changes to how substance use disorder (SUD) records are handled. The Final Rule aligns Part 2 more closely with HIPAA, introduces updated penalties, allows a single patient consent for treatment, payment, and operations, and adds new requirements for Notices of Privacy Practices. It also creates a formal definition of SUD counseling notes and imposes strict consent requirements for their use and disclosure. Providers should review and update policies to ensure compliance.Client Alert

AAA Introduces AI-Assisted Arbitrator for Certain Disputes

April 7, 2026The American Arbitration Association has introduced an AI-assisted arbitration platform designed to streamline certain document-based disputes. While a human arbitrator still makes the final decision, the technology can improve efficiency, reduce costs, and accelerate case resolution. Companies should weigh these benefits against considerations such as transparency, risk, and contractual requirements before adopting AI-assisted arbitration.Client Alert

Quiet Hours Texts and TCPA Claims: Consent Remains King as Courts Divide on Text Messages

March 31, 2026Businesses face increasing TCPA lawsuits over off-hours marketing texts, but recent court decisions highlight strong defenses. Clear consumer consent and updated terms and conditions can defeat many claims, while a growing number of courts are finding that text messages are not “telephone calls” under the statute. Proactive compliance measures, including clickwrap agreements and forum-selection clauses, are critical to reducing risk.Client Alert

New Ohio Reporting Requirements for Non-Residential Contractors

March 18, 2026Ohio’s E-Verify Workforce Integrity Act, effective March 19, 2026, requires all nonresidential construction companies, subcontractors, and labor brokers to use E-Verify to confirm employee work eligibility on projects across the state. The law applies regardless of company size and carries financial penalties and potential restrictions on future state contracts for noncompliance. Some uncertainty remains around requirements for existing employees, making early compliance planning important.Client Alert

DOT Non-Domiciled CDL Rule

March 11, 2026A new rule from the Federal Motor Carrier Safety Administration (FMCSA) will significantly narrow eligibility for non-domiciled Commercial Driver’s Licenses (CDLs) beginning March 16, 2026. The rule limits eligibility to holders of H-2A, H-2B, and E-2 visas and eliminates Employment Authorization Documents (EADs) as qualifying proof of work authorization. As a result, many lawfully present and work-authorized immigrants, including refugees, asylees, DACA recipients, and Temporary Protected Status holders, will no longer be able to obtain or renew a non-domiciled CDL. The change is expected to affect roughly 194,000 drivers nationwide and has prompted multiple legal challenges, including a pending emergency stay request before the United States Court of Appeals for the District of Columbia Circuit.
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