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New legal trends in the U.S. impacting LATAM companies in 2025 (beyond sanctions and cartels) by Yoel Molina, Esq., Owner and Operator of the Law Office of Yoel Molina, P.A.

30 December 2025
 

New legal trends in the U.S. impacting LATAM companies in 2025 (beyond sanctions and cartels)

 
 
 
If you sell in the United States, hire talent here, raise capital with U.S. investors, or move your supply chain through Miami, 2024–2025 brought concrete changes affecting your contracts, payroll, deals, logistics, and customer experience. It's not just about 'more rules'; the dominant pattern is regulatory volatility: federal rules struck down or curtailed in courts, new national security demands on investments, and tougher customs due to forced labor. Here’s the essential information, translated into practical terms.
 
 
 

1) No competition: without a federal ban, the state mosaic returns

 
 
The federal rule that sought to ban most non-compete agreements has been deactivated. Result: there is no national ban, and state law prevails. Florida applies and enforces reasonable non-competes when they protect legitimate interests (trade secrets, clientele, specific training). For LATAM groups with teams in several states, the game is to design by jurisdiction and strengthen non-solicitation, confidentiality, retention bonuses, and, when applicable, training reimbursement agreements.
 
What to do: Inventory templates by state; document 'legitimate interest'; adjust duration, territory, and scope by role; clear policies on the return of materials and non-use of information.
 
 
 

2) DOL Overtime: threshold jump annulled; 2019 floors return (for now)

 
 
The 2024 update that raised the minimum salary for the 'white-collar' exemption was vacated. Consequently, the 2019 thresholds apply, barring new rules or appeals. Many companies raised salaries out of caution; others are re-classifying. Note: some states set higher floors or additional criteria.
 
What to do:
 
  • Recalculate your job map (exempt vs. non-exempt).
  • Model the impact of overtime; adjust offers and manuals.
  • Monitor state and city thresholds with their own regulations.
 
 
 
 

3) Independent contractors: the 'economic reality' test requires practical consistency

 
 
The multifactorial approach remains in effect: opportunity for gain/loss, own investment, permanence, control, integration of work into the business, and nature of the relationship. A contract stating 'is contractor' is not enough: operational reality prevails.
 
What to do:
 
  • Align what you sign with how you work (own tools, multiple clients, control over schedule and method).
  • Quarterly sample audit; convert gray cases to W-2 before being forced to.
 
 
 
 

4) Corporate Transparency Act (CTA): relief for domestic entities;

foreign registered entities

must still report BOI

 
 
Recent changes provided relief to many companies formed in the U.S., but foreign entities registered to do business in a state (very common in Florida) are still required to report beneficial owners (BOI) with updated deadlines. Miami banks require proof of compliance in KYC.
 
What to do:
 
  • Census of all entities with a 'U.S. touch'.
  • If you are a foreign reporting company in Florida, schedule and submit BOI; keep acknowledgments and signed organizational charts.
  • Establish a centralized owner registry with supporting documentation.
 
 
 
 

5) National security in investments: stricter CFIUS and

Outbound Investment

operational

 
 
CFIUS (inbound). More inquiries about unreported operations, post-closing surveillance, and penalties for omissions/material misstatements. Sensitive areas: sensitive personal data, critical infrastructure, semiconductors/AI, biotech, ports, and telecom.
 
Outbound Investment. Starting in 2025, certain investments related to China in semiconductors/microelectronics, quantum, and AI may require notification or be prohibited for 'U.S. persons,' which may 'spill over' deals of LATAM groups when GPs, managers, or investors with a presence in the U.S. are involved (for example, a team in Miami directing the investment).
 
What to do:
 
  • Add a CFIUS/outbound screen to all deals: ownership/investors by nationality, data, tech, locations, governance.
  • Prepare non-coverage letters or mitigation plans; align export controls.
  • Anticipate inquiries from banks and counterparts regarding national security.
 
 
 
 

6) UFLPA: the evidentiary bar for traceability rises (cotton, polysilicon, aluminum, electronics)

 
 
CBP continues to detain/exclude shipments with forced labor risks linked to Xinjiang. The practical requirement: traceability to the source (farm, mine, smelter) with BOM, affidavits, audits, and geographical evidence. In Miami-Dade, supply chain actors (shipping lines, NVOCC, brokers) are already trained to request documents before departure.
 
What to do:
 
  • UFLPA dossier by SKU; compare alternative suppliers if a component is "non-traceable."
  • Documentary trial with your customs agent prior to booking to avoid detentions.
 
 
 
 

7) Florida and hiring:

E-Verify mandatory

for private companies with 25+ employees

 
 
If you are growing in Miami-Dade, integrate E-Verify into your HRIS and require compliance from day one. Repeated failures can cost you fines and license suspensions.
 
What to do:
 
  • Train HR; quarterly I-9/E-Verify audit; keep screenshots and receipts.
 
 
 
 

8) Consumer protection: less "big federal rule," more state actions

 
 
Federal attempts to cap certain "junk fees" face judicial hurdles; greater involvement from state attorneys general and private lawsuits is expected. If you operate D2C, the risk is no longer just the fee, but how you inform the total price, renewal, and cancellation.
 
What to do:
 
  • Review checkout UX: clear total price, visible disclosures, cancellation in a few clicks, email confirmations.
  • Keep versioned terms and screenshots as evidence.
 
 
 
 

"Ready for Miami" playbook

 
 
Employment
 
  • Rewrite non-competes/non-solicits/NDA by state.
  • Recalculate overtime with 2019 floors and state floors.
  • Contractor audit with the economic reality test.
 
 
Corporate governance
 
  • CTA/BOI: if you are a foreign reporting company in Florida, file; if you are a domestic entity, maintain order and monitor changes.
 
 
Deals and capital
 
  • Checklists with CFIUS/outbound from the start.
  • Memos for banking/counterparties documenting analysis and—if applicable—mitigations.
 
 
Trade and logistics
 
  • UFLPA dossiers by risk SKU; pre-clear with your broker; coordinate with shipping line and customs warehouse.
 
 
Hiring in Florida
 
  • Integrated and audited E-Verify; retain evidence.
 
 
B2C and payments
 
  • Total price policy, transparent renewal, easy cancellation, probative records.
 
 
 
 

Conclusion

 
 
The constant in 2025 is not "hyper-regulation": it is rapid change. The federal ban on non-competes fell, the overtime jump was annulled, the CTA was reconfigured, CFIUS tightened, outbound started, and UFLPA tightened. If you operate from LATAM to the U.S.—especially via Miami-Dade—your advantage is compliance agility: short and documented decisions, playbooks by state, and a living record of risks by counterparties, deals, and shipments. This way you continue selling, hiring, and raising capital without stumbling over moving targets.
 
 
Suggested image idea (JPEG):
Panoramic view of the Miami skyline with PortMiami cranes in the foreground; discreet icons of employment, corporate transparency, national security reviews, and supply chain.
 
Contact CTA:
To adapt these changes to your structure, workforce, and supply chain, contact Attorney Yoel Molina at admin@molawoffice.com, call (305) 548-5020 (Option 1) or message via WhatsApp at (305) 349-3637.