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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.

Corporate Transparency Act Effective Again

The federal judiciary has issued multiple rulings on the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. Previously, enforcement was halted nationwide due to litigation in Smith v. U.S. Department of the Treasury. However, on February 18th, the court lifted the stay, reinstating the CTA’s reporting requirements. Non-exempt entities now have until March 21, 2025, to comply. Businesses should act promptly to avoid civil penalties of $591 per day and potential criminal liability.

Status Update: Physician Noncompete Agreements in Ohio

Noncompete agreements remain enforceable in Ohio if they meet specific legal requirements. While the AMA and FTC have challenged these restrictions, courts continue to uphold reasonable noncompete provisions for physicians. Recent cases, like MetroHealth System v. Khandelwal, highlight how courts may modify overly restrictive agreements to balance employer interests with patient care. With ongoing legal challenges to the FTC’s proposed ban, Ohio physicians should consult a healthcare attorney before signing or challenging a noncompete agreement.

Immigration Orders and Their Economic Impact on Small Business: Insights from Attorney and Former Immigration Judge Rob Ratliff

President Trump's recent executive orders, targeting immigration policies, could significantly impact small businesses in Ohio, particularly those owned by undocumented immigrants. With stricter visa vetting, halted refugee admissions, and potential deportations, these businesses face uncertainty, workforce disruption, and closures. Ohio's immigrant-owned businesses, especially in food services and transportation, contribute billions to the state economy, and any disruption could result in economic ripple effects.

Corporate Transparency Act Ruling from the U.S. Supreme Court

The U.S. Supreme Court recently ruled on the enforceability of the Corporate Transparency Act (CTA), lifting an injunction previously imposed by the Fifth Circuit. However, a separate nationwide injunction remains in effect, meaning businesses are still not required to comply with the CTA’s reporting requirements. FinCEN continues to accept voluntary reporting while enforcement remains paused.

Lead Paint Contamination and Resources for Ohio Landlords

Children are exposed to lead-based paint, which was used in most homes until it was banned in the US in 1978 and “can severely damage the brain and central nervous system causing coma, convulsions and even death.” Property owners and landlords should educate themselves on regulations and resources to mitigate their own liability.