It is crucial to equip yourself with knowledge and understanding of the current state of civility and incivility in both the workplace and society at large.
The Presidential Effect
What It Means for Your Workplace
The 2024 presidential election will shape workplace policies in the U.S. HR professionals, CHROs, and CEOs must adapt to new policies affecting work, workers, and the workplace. SHRM is prepared to collaborate with either administration to support the workforce on your behalf. This resource equips you with knowledge and resources to make informed decisions for your workplace.
5 Steps to Encourage Civility at Work During & After the Elections
We know people and business work best when we choose civility. Use these steps as your guide to cultivating a more civil and productive workplace.
Building a strong foundation for team civility starts with a shared understanding of civility, often called a shared mental model. By ensuring everyone agrees on civil and uncivil behavior, your team can communicate and resolve disagreements better.
Following a shared understanding of civility, establishing clear team norms for mutual respect will further guide your team’s interactions. These norms will define how your team interacts, communicates, and resolves conflicts in a civil manner. These norms are specific behaviors expected from everyone in the group.
With shared definitions of civility and team norms for mutual respect in place, you can actively cultivate a culture of civility within your team. This culture reflects employee expectations of how leadership and managers utilize policies, procedures, and practices to maintain a respectful and civil work environment. These behaviors are expected not only from leaders but also from team members.
Remember, fostering civility is an ongoing process, and doing so will further cement civility as a norm and expectation in your workplace culture.
Access the SHRM Civility Starter Kit, which contains the latest SHRM Civility Index and new tools for fostering civil conversations, including the Five Step Guide to Fostering Civil Conversations, Cards Against Incivility, and coming soon the Political Conversations Playbook. Use it as your guide to cultivate a more civil and productive workplace.
Top 5 Workplace Issues You Need to Know
Learn more about top workplace issues, the candidates’ positions on the issues, and SHRM’s point of view.
States and localities continue to outpace the federal government in regulating AI. In 2024, the European Union took the lead in enacting its EU AI Act, which may now become the model legislation that other countries use and that U.S. companies with a physical presence in the EU will have to comply with, creating a global patchwork of compliance for AI. Both Harris and Trump recognize AI's profound impact on the workplace. They may seek to establish a framework for the appropriate use of AI through federal legislation and/or regulation, especially regarding hiring and promotion decisions. However, given the gridlock paralyzing the federal government, it may not be possible for Congress or the new administration to implement standards. Therefore, SHRM forecasts that local and state governments will continue to take it upon themselves to pass legislation and implement regulations for the acceptable use of AI in the workplace.
See the Candidates’ POV:
The Family Medical Leave Act of 1993 (FMLA) received renewed attention in the 118th Congress (2023-2024). When After the FMLA turned 30 years old, the bipartisan Paid Family Leave Working Group began their work in earnest, and the workforce continued to contend with how FMLA would fit into the modern world of work. SHRM expects this momentum to continue into the 119th Congress (2025-2026), as a new Congress seeks to modernize the FMLA to meet the current and future needs of work, workers, and workplaces. As president, Harris or Trump will have their vision for modernizing FMLA and will have to work with Congress to ensure it is included in the updated legislation.
See the Candidates’ POV:
Several Supreme Court of the United States (SCOTUS) decisions have complicated the use and legality of workplace Inclusion & Diversity (I&D) programs, making this an issue that the next president will have to address. Both candidates have different methods for tackling this issue. Harris is expected to leverage the federal government to implement policies to protect individuals from harassment and discrimination, while Trump will see a more limited role for the federal government on I&D issues. Regardless of the approach, HR must be ready for changes by the Executive Branch to current policy regarding the use of workplace I&D programs.
See the Candidates’ POV:
Due to gridlock in Congress, much of the Biden administration’s labor policy was implemented through the federal regulatory agencies. As the Biden administration finished rulemaking for its major rules in 2024 – e.g., final rules on worker classification, joint employer under the National Labor Relations Act, overtime and noncompete agreements – many of these rules were challenged in the courts and by Congress. In 2024 alone, the National Labor Relations Board’s (NLRB) joint employer rule and the Federal Trade Commission’s ban on the use of noncompete agreements were both struck down by the same federal court in Texas.
Looking into 2025, HR must be ready to respond to two possibilities. 1) Either a Trump administration will begin to repeal published rules, stop or slow enforcement of labor regulations promulgated under the Biden administration, or withdraw support for these rules that are facing legal challenges. 2) Or a Harris administration will continue to implement the rules and defend them against any lawsuits, leverage federal agencies like the NLRB and the U.S. Equal Employment Commission to continue with the Biden administration's labor policies, as well as formulate regulations reflecting Harris’ priorities as president. However, with the erosion of the federal agency power due to SCOTUS's decision to overturn the Chevron Doctrine, federal agencies may no longer be a viable method to implement labor policy. Therefore, Congress will be under pressure to work together to pass clear, consistent and balanced labor legislation.
See the Candidates’ POV:
Overtime Rule, NLRB Joint Employer Rule, Ban on Noncompete Agreements, 2024 Independent Contractor Rule
The incoming president must prioritize workforce development policies as the nation navigates shifting demographics, a persistent labor shortage, and rapid technological advancements, such as AI.
HR must stay ahead of federal policy changes that will inevitably impact state workforce agencies. Proactive adaptation and strategic planning will ensure that the workforce remains competitive and capable of driving economic growth and innovation.
See the Candidates’ POV:
Apprenticeship, Short Term Pell, Workplace Immigration, Artificial Intelligence
Compare the Candidates’ and SHRM's POV on Workplace Issues
Workforce Development
Apprenticeships
Support
The Biden-Harris administration issued an Executive Order to harness the power of education and hands-on experience to shape the future of the U.S. workforce. The current administration sees registered apprenticeships as a critical pathway for equipping individuals with the skills and knowledge they need to thrive in a rapidly evolving job market.
Support (but will likely revise current policy)
Under the Trump administration, significant emphasis was placed on expanding apprenticeship programs across the U.S. The primary aim of this support was to bridge the skills gap in the American labor market and create pathways to well-paying jobs without the necessity of a four-year college degree. This initiative was part of a broader strategy to enhance workforce development and ensure that American workers are equipped with the skills needed by employers.
SHRM's POV
SHRM advocates for the pivotal role of education and practical experience in shaping the future of the U.S. workforce. Registered apprenticeships provide individuals with the skills and expertise necessary to succeed in an increasingly dynamic job market.
Artificial Intelligence
Support
Harris generally believes the Federal Government should have a leading role in the development and governance of Artificial Intelligence (AI). Following President Biden issuing an Executive Order, Harris spoke at a global AI summit and highlighted the importance of codifying protections quickly without stifling innovation. At the same appearance, Harris said the Biden-Harris administration “rejects the false choice that suggests we can either protect the public or advance innovation.” And while acknowledging a need to consider existential threats to humanity, Harris emphasized “the full spectrum of AI risk.”
Support
Trump generally believes the Federal Government should have a leading role in the development and governance of Artificial Intelligence. While Trump has expressed his desire to “cancel” the Biden order if he wins a second term, he issued his own Executive Order while in office, which primarily directed federal agencies to prioritize research and development in the field. The 2019 order called on federal agencies to “protect civil liberties, privacy and American values” in applying AI technologies, and to help workers gain relevant skills.
SHRM's POV
SHRM promotes legislation and regulations that support, rather than stifle, workplace and workforce innovation.
Short-Term Pell
Support
Likely Support
Trump has voiced support for expanding the Pell Grant program to include funding for short-term training programs. Trump emphasizes the critical need for workforce development to fill in-demand jobs across various sectors. By providing financial assistance for short-term training programs, the administration aims to quickly equip individuals with the skills required for these high-demand roles. This approach aligns with the broader goal of strengthening the national economy by ensuring a well-trained and adaptable workforce.
SHRM's POV
SHRM has consistently advocated that Pell Grants expand to cover quality short-term programs.
Untapped Talent
Support
The Biden-Harris administration has taken modest steps to support untapped talent, but Harris has not announced her agenda relating to these workers.
SHRM's POV
SHRM strongly supports policies that provide career opportunities for untapped talent, such as veterans, military spouses and caregivers, individuals aged 60 or older, disabled workers, opportunity youth and those with a criminal record.
Workplace Inclusion
Policies Supporting Inclusion & Diversity
Support
The Biden-Harris administration is dedicated to promoting inclusion and diversity across all sectors through a comprehensive national strategy. Key initiatives include establishing the White House Gender Policy Council to address gender disparities, supporting the Paycheck Fairness Act to ensure equal pay, diversifying the federal workforce to reflect the nation's demographics, and championing the Equality Act to protect LGBTQ+ rights. SHRM expects that Harris will continue these policies as president.
Oppose
We can expect Trump to enforce laws against harassment and discrimination but will reprioritize the EEOC’s conciliation and mediation programs over a litigation-focused approach. A Trump led EEOC and will challenge race- or sex-based initiatives aimed at promoting diversity and inclusion, which he generally views as impermissible under Title VII and Section 1981 of the Civil Rights Act of 1964.
SHRM's POV
SHRM pursues data-driven nonpartisan policy solutions that promote inclusive and diverse workplaces where workers and employers thrive together and where talent is empowered, trained, and developed to its full potential. SHRM champions positive workplace cultures that are inherently free from harassment and discrimination and where respect and civility form the foundation of any organization.
Pay Equity
Support
The Biden-Harris administration is dedicated to promoting inclusion and diversity across all sectors through a comprehensive national strategy. Key initiatives include establishing the White House Gender Policy Council to address gender disparities, supporting the Paycheck Fairness Act to ensure equal pay, diversifying the federal workforce to reflect the nation's demographics, and championing the Equality Act to protect LGBTQ+ rights. SHRM expects that as president, Harris would continue with these efforts.
Unclear
Trump’s position on pay equity is unclear. As president, he stopped an Obama-era rule requiring large companies to report how much they pay workers by race and gender. Instead, he appears to be deferring to states and municipalities that are passing new laws requiring pay transparency.
SHRM's POV
SHRM supports workplace policies that promote pay equity.
Workplace Flexibility & Leave
Paid Family Leave & FMLA Reform
Support
The Biden-Harris administration has strongly advocated for comprehensive support systems that benefit American workers and families. A key component of this advocacy is the push for up to 12 weeks of paid family and medical leave for all workers, alongside significant reforms to the Family and Medical Leave Act (FMLA). These proposals aim to make leave more accessible, particularly for low-income and middle-class families. As a candidate, Harris has called for providing paid family and medical leave.
Likely Support
The Trump administration highlighted several key economic and social benefits of a paid family leave policy: Economically, paid family leave can enhance workforce participation, particularly among mothers, boost productivity by reducing employee stress and increasing job satisfaction, and lower turnover costs by encouraging employees to return after taking leave. Socially, the policy supports healthier family dynamics by allowing parents crucial bonding time with their children, and promotes gender equality by advocating leave for both mothers and fathers.
SHRM's POV
SHRM supports policy that provides clarity, compliance relief, guidance, and program integrity for HR professionals and employers while concurrently meeting employee needs.
Support for Caregivers
Unclear
As president, Trump signed into law the RAISE Family Caregivers Act, which called for federal agencies to establish and maintain a family caregiving strategy. In addition, he supported legislation that would provide Federal employees paid parental leave. And the Republicans’ 2024 platform calls for Republicans to shift resources back to at-home senior care, overturn disincentives that lead to worker shortages, and support unpaid family caregivers through tax credits and reduced barriers.
SHRM's POV
SHRM is a founder of Generation Cares, a cross-sector coalition dedicated to improving the quality and quantity of care for children, people with disabilities and older adults.
Child Tax Credit
Support
Harris recently announced her plan to expand the work of the Biden-Harris administration of providing greater financial support to families by calling for increasing the child tax credit to “$6,000... during the first year of a child’s life.”
Support
Trump has been an advocate for increasing the child tax credit to provide greater support to American families. His proposal aimed to double the maximum amount of the credit and he proposed the inclusion of a $1,000 tax credit for dependent care expenses. His running mate, JD Vance, called for more than doubling the child tax credit to $5,000; it is unclear if Trump supports this additional increase.
SHRM's POV
SHRM advocates for measures that support and expand the child tax credit.
Workplace Governance
Overtime Rule
Support
Over the past several years, the overtime threshold has undergone several revisions, first under then-President Obama and subsequently former President Trump. The Biden-Harris administration again rewrote the regulation to reflect the current workforce, expanding overtime pay to more workers by raising the salary threshold for exempt employees to $58,656 per year. The new rule went into effect July 1, 2024 but there are several judicial challenges that could affect its status.
Oppose
Effective 2020, the Trump administration increased the salary threshold to be commensurate with the salary threshold set by Congress in 2004. A new Trump administration will not support the Biden-Harris standard, and will seek ways to repeal and/or slow down enforcement of the Biden-Harris standard.
SHRM's POV
SHRM is generally supportive of the 2024 Overtime Rule, though concerned with the magnitude of the increase and the automatic updates.
Joint Employer Rule
Support 2023 Rule
The Biden-Harris administration sought to widen the scope of evidence that may be presented to establish such a joint employer relationship, thereby making more entities liable to employees for unfair labor practices, wage claims and other considerations that are created under a traditional employment relationship. For example, the Biden-Harris Administration issued a rule through the National Labor Relations Act, that would have allowed for evidence of indirect and reserved control to serve as the basis of a joint-employment relationship. However, this rule was struck down by the court.
Oppose 2023 Rule
The Trump administration sought to narrow and focus the scope of factors to consider, rooted in the Trump administration's belief that a broad joint employer standard could stifle business growth and create an undue burden on companies. By allowing for too broad of a definition of a joint-employment relationship, there were concerns that businesses may be disincentivized from entering partnerships, expanding their operations or forgoing important safety training – ultimately harming the workforce at large.
SHRM's POV
SHRM supports regulations that clarify the criteria to establish a joint employer relationship should require the level of relevant control to be substantial and significant i.e., regular and continuous control – rather than sporadic, isolated, or de minimis.
Ban on Noncompete Agreements
Support
The Biden-Harris administration strongly supported the Federal Trade Commission’s (FTC) rule to ban the use of noncompete agreements, arguing that noncompete agreements are detrimental to workers' rights and economic mobility. In August, a federal judge blocked the FTC’s Rule, preventing it from going into effect.
Unclear
Trump has not outlined a specific position on the use of non-competes.
SHRM's POV
SHRM believes that narrowly tailored noncompete agreements with appropriate workers can benefit organizations and workers alike and opposed the FTC’s near-ban on the use of noncompete agreements due to the wide scope of the regulation.
2024 Independent Contractor Rule
Support
Biden-Harris administration supports the 2024 Independent Contractor Rule. The final rule officially withdrew the 2021 Independent Contractor Rule and signaled an official return to a totality-of-the-circumstances analysis, in which all the relevant factors are considered to determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act. Within the 2024 Rule, courts are to evaluate factors such as: opportunity for profit or loss depending on managerial skill; investments by the worker and the employer; degree of permanence of the work relationship; nature and degree of control; the extent to which the work performed is an integral part of the employer’s business; skill and initiative; and any additional relevant factors.
Support Returning to 2021 Rule
In September 2020, the Department of Labor under the Trump administration proposed the Independent Contractor Rule, which provided guidance on determining whether a worker was an “employee” for purposes of the Fair Labor Standards Act. This rule, finalized in 2021, instructed the courts assign greater weight to “the nature and degree of control over the work and the worker’s opportunity for profit or loss.” Those factors were designated as “core factors” and were the most probative and carried greater weight in the analysis.
SHRM's POV
SHRM supported the 2021 “core factors test” and believes the 2024 Independent Contractor Rule will foster ambiguity and deter businesses from extending essential training to independent workers, a detrimental scenario for both parties involved.
Workplace Immigration
Reform Employment-Based Immigration System
Support
The Biden-Harris administration has urged Congress to make significant reforms in the employment-based immigration system, emphasizing the need to modernize the process and address the backlog of visa applications. Key reforms include raising the cap on employment-based visas, streamlining the application process to reduce wait times, and expanding the eligibility criteria for highly skilled workers.
Oppose
Trump has consistently opposed reforming the employment-based immigration system. His opposition is rooted in the belief that increasing the number of employment-based visas would undermine job opportunities and wage growth for U.S. citizens.
SHRM's POV
SHRM is an advocate for the reform of the employment-based immigration system. SHRM recognizes that a well-functioning immigration system is crucial for meeting the labor demands of U.S. businesses and ensuring the country remains competitive in the global economy.
Green Cards for Graduates of U.S. Universities
Support
The Biden-Harris administration is dedicated to retaining global talent in the U.S. by supporting policies that provide green cards to graduates of U.S. universities. The administration called for passage of the "Build Back Better" plan, which included provisions to streamline the green card process for highly skilled immigrants. This policy underscores a commitment to creating a fair and accessible pathway for foreign graduates of U.S. universities, ensuring they can seamlessly integrate into and contribute to the U.S. workforce.
Support
In support of a merit-based immigration system, Trump proposed prioritizing green card allocation for highly skilled workers, including graduates of U.S. universities. This initiative aimed to attract and retain top talent in critical sectors such as technology and healthcare, thereby bolstering the U.S. economy through innovation and job creation.
SHRM's POV
SHRM supports access to American-educated, foreign-born talent to meet the needs of employers.
Workplace Health Care
Telehealth Services
Support
Harris has previously committed to expanding access to telehealth services, citing the vital role it plays in providing healthcare to underserved communities. Significant funding has been allocated to develop and enhance telehealth infrastructure and technologies, ensuring that these services are inclusive and accessible to all, including those with limited internet connectivity or technological literacy. Furthermore, the administration has been a strong advocate for permanent policy changes that increase telehealth flexibility and coverage, as evidenced by the Medicare telehealth waivers.
Support
During his presidency, Trump demonstrated robust support for telehealth services, particularly in response to the COVID-19 pandemic. In 2020, he signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which included substantial funding and support for telehealth.
SHRM's POV
SHRM supports legislation that would permanently extend pre-deductible coverage of telehealth services for workers with high-deductible health plans and health savings accounts.
Mental Health & Wellness
Support
The Biden-Harris administration has supported policies that help expand mental healthcare.
Support
Trump expanded policies related to mental healthcare primarily during COVID. He established a cabinet-level working group to assess the mental health needs of the most vulnerable, including the elderly, minorities, children, veterans, and people with disabilities as well as providing approximately $425 million in emergency funds to address mental and substance use disorders.
SHRM's POV
SHRM supports policies that treat mental health with the same urgency as physical health and provides similar resources to help ensure that people are healthy, happy, and successful.