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New U.S. Legal Trends Every LATAM Company Should Track in 2025

 

(Beyond Sanctions & Cartels)

 

If your company is based in Latin America but sells into the United States, hires U.S. employees, raises capital here, or routes logistics through Miami, several legal developments from 2024–2025 will directly affect your risk profile—and your growth strategy.

This is not a period of steady regulatory expansion. Instead, it is one of regulatory volatility. Major federal rules have been vacated, narrowed, or reshaped by courts and agencies, while enforcement priorities have shifted quietly but materially.

Below is what LATAM companies operating in or through the U.S.—especially Miami-Dade County—need to understand now, explained in plain English and with practical takeaways.

 

1) The FTC’s Nationwide Noncompete Ban Is Dead

 

Welcome Back to the State-Law Patchwork

 

The Federal Trade Commission’s 2024 rule that would have banned most employment noncompetes nationwide is not coming back. In September 2025, the FTC formally dropped its appeals and accepted the court’s vacatur of the rule.

Bottom line: There is no federal noncompete ban.

Employers are once again governed by state law, and Florida remains one of the most employer-friendly jurisdictions. Properly drafted, reasonable noncompetes are still enforceable here.

For LATAM companies hiring U.S. employees, acquiring U.S. teams, or integrating U.S. startups, this is critical. Employment agreements must now be state-specific, and alternative tools—non-solicitation clauses, confidentiality agreements, training-repayment provisions, and retention bonuses—are regaining importance.

Action for LATAM operators:Update restrictive covenant templates by state. Stop relying on the “federal ban” narrative in recruiting discussions. Clearly document legitimate business interests (trade secrets, key customer relationships, confidential strategies) and tailor duration and geography accordingly.

 

2) The DOL’s Overtime Salary Increase Was Vacated

 

Federal Thresholds Revert to 2019 (For Now)

 

A Texas federal court struck down the U.S. Department of Labor’s 2024 rule that would have significantly raised the salary thresholds for white-collar overtime exemptions, including the planned $58,656 threshold set for January 1, 2025.

As of today, the rule has been vacated nationwide, leaving the 2019 federal thresholds in place unless new rulemaking or appellate decisions change the landscape.

Many employers raised salaries mid-2024 in anticipation of the rule. Some will maintain those increases for retention purposes; others are reassessing classifications.

If you operate in multiple states, remember that state-level thresholds may be higher than federal law.

Action for LATAM operators:Reassess exempt vs. non-exempt classifications. Model overtime exposure under current federal law and applicable state floors. Update offer letters, job descriptions, and employee handbooks to match reality.

 

3) Independent Contractor Classification Still Carries Real Risk

 

The Six-Factor Test Remains the Federal Standard

 

Separate from overtime rules, the DOL’s 2024 independent contractor regulation under the Fair Labor Standards Act remains in effect. It applies a six-factor “economic reality” test, focusing on:

• Degree of control

• Opportunity for profit or loss

• Worker’s investment

• Permanence of the relationship

• Nature and degree of supervision

• Whether the work is integral to the business

For LATAM companies relying on U.S. contractors—especially in Florida—misclassification remains a high-risk area.

Action for LATAM operators:Tighten both contractor agreements and day-to-day practices. Ensure contractors invoice independently, use their own tools, serve multiple clients, and bear genuine business risk. Audit a sample of U.S. engagements now and convert borderline roles to W-2 employees before litigation forces the issue.

 

4) Corporate Transparency Act (CTA):

 

U.S. Companies Are Exempt—for Now. Foreign Registrants Are Not.

 

This is one of the most consequential developments for LATAM corporate groups.

In March 2025, Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an interim final rule removing Beneficial Ownership Information (BOI) reporting requirements for U.S. domestic entities and U.S. persons under the Corporate Transparency Act.

However, foreign companies registered to do business in a U.S. state—including Florida—remain subject to BOI reporting.

In practical terms:

• A U.S. subsidiary formed under U.S. state law is currently exempt.

• A non-U.S. parent or affiliate registered in Florida is still a “foreign reporting company” and must comply with updated BOI deadlines and disclosure rules.

Action for LATAM operators:Inventory every entity touching the U.S. For Florida foreign registrations, prepare and file BOI reports on time. Maintain ownership charts and identification records. Monitor for any final rule that could expand coverage again.

 

5) National Security Reviews Are Getting Tougher

 

CFIUS Enforcement Is Up—and Outbound Investment Rules Are Live

 

Two parallel developments deserve attention:

Inbound (CFIUS):The Committee on Foreign Investment in the United States has increased enforcement, non-notified deal inquiries, and penalties. Treasury has emphasized material misstatements and post-closing compliance monitoring. Deals involving sensitive data, critical infrastructure, or emerging technology are increasingly scrutinized—even when no filing was made.

Outbound Investment:As of January 2, 2025, Treasury’s Outbound Investment Security Program is in effect. U.S. persons face prohibitions or notification requirements for certain investments involving China-linked activities in semiconductors, quantum computing, and advanced AI.

LATAM companies can be affected if deals involve U.S. investors, U.S. fund managers, U.S. general partners, or U.S. decision-makers operating from Miami.

Action for LATAM operators:Add CFIUS and outbound screening to every transaction checklist. Map ownership, investor nationality, data access, and technology exposure early. Identify any U.S. persons who may be deemed to “direct” an investment. Prepare mitigation and export-control narratives before bankers or buyers demand them.

 

6) Forced-Labor Enforcement (UFLPA):

 

Supply-Chain Documentation Must Be Airtight

 

U.S. Customs and Border Protection continues to detain and exclude shipments suspected of Xinjiang-linked inputs under the Uyghur Forced Labor Prevention Act.

If your LATAM operations source materials such as cotton, polysilicon, aluminum, or certain electronics from or through China, traceability is essential—down to the mine, farm, or smelter level.

Miami ports and logistics providers are trained to flag documentation gaps.

Action for LATAM operators:Build UFLPA compliance packets for high-risk SKUs: bills of material, supplier affidavits, third-party audits, and geo-trace evidence. Coordinate with customs brokers before cargo sails.

 

7) Florida Employer Reality Check:

 

E-Verify Is Mandatory for Most Larger Private Employers

 

Florida now requires private employers with 25 or more employees to use E-Verify for all new hires. Repeated violations can lead to $1,000-per-day fines and license suspensions.

For LATAM companies scaling teams in Miami-Dade, onboarding compliance must be flawless from day one.

Action for LATAM operators:Integrate E-Verify into HR systems and onboarding workflows. Train recruiters and HR personnel. Conduct quarterly audits of I-9 and E-Verify records.

 

8) Consumer-Protection Whiplash

 

Federal “Junk Fee” Rules Fade, State Enforcement Rises

 

A federal court vacated the CFPB’s rule capping credit-card late fees at $8. Expect fewer sweeping federal consumer rules and more aggressive state attorney-general enforcement and private litigation, particularly around pricing transparency, auto-renewals, and cancellation processes.

Action for LATAM operators:Ensure total-price disclosures are clear, recurring billing terms are conspicuous, and cancellation flows are simple and well-documented.

 

A Miami-Ready Compliance Playbook for LATAM Companies

 

Employment

• Update noncompete, non-solicit, and confidentiality agreements by state

• Re-model overtime exposure under current federal and state rules

• Audit contractor classifications

Corporate Housekeeping

• CTA compliance for foreign Florida registrants

• Maintain clean ownership and control documentation

Deals & Capital

• Screen all transactions for CFIUS and outbound investment issues

• Prepare compliance memos for lenders and buyers

Trade & Logistics

• Build UFLPA traceability files before shipping through PortMiami or MIA

Hiring in Florida

• Lock in E-Verify compliance from day one

Consumer Operations

• Clean up pricing, renewals, and cancellation processes

•  

Bottom Line

 

The defining theme of 2025 is not deregulation or over-regulation—it is uncertainty.

Noncompete bans collapsed. Overtime rules were vacated. The CTA was narrowed. CFIUS enforcement intensified. Outbound screening became law. Forced-labor enforcement remains relentless.

For LATAM companies expanding into the U.S.—especially through Miami-Dade—success now depends on agility: state-by-state playbooks, documented decision-making, and living risk registers for deals, workforce, and supply chains.

That is how you keep selling, hiring, and raising capital without tripping over moving legal goalposts.

 

 

For help tailoring these developments to your corporate structure, workforce, or supply chain, contact Attorney Yoel Molina at admin@molawoffice.com, call (305) 548-5020 (Option 1), or message via WhatsApp at (305) 349-3637.