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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

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.Client Alert

FinCEN Residential Real Estate Reporting Rule Now in Effect

March 6, 2026FinCEN’s new Residential Real Estate Reporting Rule, effective March 1, 2026, requires certain real estate transfers to be reported to combat financial crimes. Transfers of residential property to entities or trusts without financing may require a Real Estate Report.Client Alert

Department of Education Proposes Redefinition of “Professional Degree,” Excluding Nursing and Limiting Graduate Loan Borrowing

February 20, 2026The U.S. Department of Education has issued a Notice of Proposed Rulemaking that would redefine “professional degree” programs under the One Big Beautiful Bill Act. The proposal excludes nursing from the recognized list and would impose new borrowing limits for graduate students while eliminating the Grad PLUS program. Public comments are due by March 2, 2026.Client Alert

First-of-Its-Kind Federal Ruling Finds Use of Consumer AI Tool May Destroy Attorney-Client Privilege

February 17, 2026On February 10, 2026, Judge Jed Rakoff of the U.S. District Court for the Southern District of New York issued a first-of-its-kind ruling finding that documents generated by a criminal defendant using a consumer AI platform were not protected by attorney-client privilege after being shared with counsel. The court treated the AI tool as a third party, concluding that entering sensitive information into a publicly available platform may waive confidentiality. The ruling also suggests that the work product doctrine may not apply where AI-generated materials are created independently by a client rather than at counsel’s direction. The decision signals that parties should exercise caution when using consumer AI tools in connection with legal matters.Client Alert

Your Golden Chance for H-1B Lottery Registration - March 2026

February 16, 2026USCIS H-1B registration opens March 4–19, 2026. U.S.-based employees on valid nonimmigrant status are exempt from the $100,000 fee for change of status petitions. The new weighted lottery favors higher-skilled and higher-paid employees, improving odds for advanced degree holders and Wage Level 3 or 4 workers.
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