Michael Lotito

Michael Lotito


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Senate Panel Takes up Joint Employer Issue

A week after a House subcommittee held a hearing on the National Labor Relations Board's new joint employer standard, it was the Senate's turn to address the aftermath of the Board's Browning-Ferris decision. In...more

10/6/2015 - Browning-Ferris Industries of California Inc. Employer Liability Issues Franchisee Franchises Franchisors Joint Employers Minimum Wage NLRA NLRB Staffing Agencies Subcontractors Temporary Employees Wage and Hour

White House Summit to Promote "Worker Voice"

On October 7, 2015, the White House and the U.S. Department of Labor will host a "Summit on Worker Voice," an event intended to "ensure that working Americans are fully sharing in the benefits of the broad-based economic...more

10/5/2015 - DOL Obama Administration Unions

House Hearing Addresses NLRB's New Joint Employer Standard

Members of the House Subcommittee on Health, Employment, Labor, and Pensions held a hearing on a bill that would undo the new joint employer standard the National Labor Relations Board recently established. As previously...more

9/30/2015 - Browning-Ferris Industries of California Inc. Franchisee Franchises Franchisors Joint Employers NLRA NLRB Subcontractors Subsidiaries U.S. House Wage and Hour

Bill Would Greatly Expand Penalties, Remedies for Unfair Labor Practices

Democratic lawmakers introduced legislation on September 16, 2015 that would greatly expand the remedial scope of the National Labor Relations Act. Crafted with input from labor leaders, the Workplace Action for a Growing...more

9/17/2015 - Back Pay Collective Bargaining Corporate Counsel Labor Law Violations NLRA NLRB Proposed Legislation Unfair Labor Practices Unions Wage and Hour

NLRB's General Counsel Skips Regulatory Process to Allow Unions to Use Electronic Signatures on Election Petitions

On September 1, 2015, the National Labor Relations Board's General Counsel issued a guidance memorandum on electronic signatures to support a showing of interest related to a union petition. The General Counsel announced...more

9/3/2015 - Electronic Agreements NLRB Union Elections Unions

NLRB Imposes New "Indirect Control" Joint Employer Standard in Browning-Ferris

On August 27, 2015, the last day of Harry Johnson, III's term as a Board member, the National Labor Relations Board issued its long-awaited decision in Browning-Ferris Industries of California, Inc. The Board voted 3-2 to...more

8/28/2015 - Amicus Briefs Browning-Ferris Industries of California Inc. Collective Bargaining Contractors Creditors Debtors Franchisee Franchisors General Counsel Joint Employers NLRA NLRB Staffing Agencies Teamsters

The NLRB Refuses to Require its General Counsel to Explain the Joint Employer Case Against McDonald's

The National Labor Relations Board continues the string of controversial moves in its unfair labor practice cases against McDonald’s. In December 2014, the NLRB’s General Counsel filed thirteen complaints naming the...more

8/18/2015 - 7-Eleven Administrative Procedure Act ALJ Amicus Briefs Collective Bargaining DOL EEOC Franchise Agreements Franchisee Franchisors General Counsel Hiring & Firing Joint Employers McDonalds NLRA NLRB OSHA Unfair Labor Practices

CFRA Joint Employers Beware

California employers who work closely with one or more other employers in a single business enterprise need to be aware of a significant change in a California law that could have major liability repercussions. On July...more

8/7/2015 - CFRA Compliance Employer Liability Issues FLSA FMLA Joint Employers Leave of Absence Wage and Hour

The Big Move Toward Big Data in Employment

The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever...more

8/5/2015 - ADA Big Data Class Action Compliance Data Protection Data Security EEOC FCRA Hiring & Firing OFCCP Popular Privacy Policy Workplace Safety

Littler's Tammy McCutchen Testifies that the DOL's Approach in Proposed Overtime Rule is "Unprecedented"

The U.S. Department of Labor's methodology and minimum salary threshold set forth in its proposed revisions to the Fair Labor Standards Act's "white collar" exemptions are "unprecedented in the FLSA’s 77-year history,"...more

7/24/2015 - Bureau of Labor Statistics Chamber of Commerce DOL FLSA Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

How Broad is Broad? New DOL Guidance Determines "Most Workers Are Employees"

In a move that is expected to have far-reaching consequences for employers, the U.S. Department of Labor issued new guidance on the classification of independent contractors as employees under the Fair Labor Standards Act...more

7/23/2015 - Administrative Procedure Act DOL FLSA Independent Contractors Misclassification Perez v Mortage Bankers Assoc SCOTUS Wage and Hour

Comment Period on New Overtime Proposal to End Early September, Say DOL Officials

In a conference call held on Wednesday morning, Labor Secretary Thomas Perez and Wage and Hour Administrator David Weil fielded questions about the recently released proposal to revise the Fair Labor Standards Act overtime...more

7/2/2015 - Corporate Counsel DOL Exempt-Employees FLSA Multi-Factor Test NPRM Wage and Hour White-Collar Exemptions

DOL Investigation Tactics and Pending Proposed Rule Come Under Fire During House Hearing

In anticipation of the imminent release of the Department of Labor's proposed rule revising the white collar overtime exemption under the Fair Labor Standards Act (FLSA), the House Subcommittee on Workforce Protections held a...more

6/11/2015 - Compliance DOL FLSA Obama Administration Paycheck Fairness Act Private Sector Restaurant Industry Salary Caps Technology Unpaid Overtime Wage and Hour White-Collar Exemptions

The NLRB is Primed to Change How Unions Organize Temporary Employees

Under current National Labor Relations Board rules, a union can organize a bargaining unit of temporary employees, and the user employer’s solely employed regular employees, only if both employers consent. However, the Board...more

6/9/2015 - Bargaining Units Corporate Counsel Joint Employers NLRB Popular Staffing Agencies Temporary Employees Unions

Texas Federal Court Upholds Legality of NLRB Election Rule

In a closely watched case, Associated Builders and Contractors of Texas, Inc., et al v. NLRB,* a federal district court judge in Texas has dismissed one of the two lawsuits filed earlier this year against the National Labor...more

6/2/2015 - Ambush Election Rules Construction Industry NLRA NLRB Unions

Spring Regulatory Agenda Sets Forth New Deadlines, Proposals

In keeping with past practice, federal agencies released their spring regulatory agendas on the eve of a holiday weekend. These semiannual reports list all of the federal agency regulations currently under development or...more

5/22/2015 - Affordable Care Act Compliance Discrimination DOL EEOC Executive Orders FDA Federal Acquisition Regulations Federal Contractors Federal Railroad Safety Act FLSA GINA Independent Contractors OFCCP OLMS OSHA SBREFA Small Business Unpaid Overtime Wage and Hour Whistleblowers

NLRB Chairman Pearce and GC Griffin Face Grilling by Senate Appropriations Committee

During a May 14 Senate Appropriations Subcommittee hearing to discuss the National Labor Relations Board's FY 2016 budget, NLRB Chairman Mark Pearce and General Counsel (GC) Richard Griffin indicated the Board has no plans to...more

5/20/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining Franchises General Counsel Joint Employers NLRB Right to Work Unions Wage and Hour

Senators Urge President to issue "Model Employer" Executive Order

On Friday, May 15, 18 Democratic Senators sent a letter to President Obama calling for him to issue an executive order that would make the federal government a "model employer." The letter is an updated version of letters the...more

5/20/2015 - Collective Bargaining Employee Benefits Executive Orders Government Contractors Healthcare Minimum Wage Unions Wage and Hour

New Year, New Laws: Compliance Challenges U.S. Employers Face in 2015

Although this year's labor- and employment-related legislative activity was down slightly from that of 2013 – in part due to congressional gridlock – by no means was 2014 insignificant. Throughout the year, an influx of new...more

12/12/2014 - Amended Legislation Corporate Counsel Election Results Employer Liability Issues Employer Mandates New Legislation Popular Year-End Planning

NLRB Reaffirms D.R. Horton Decision Invalidating Arbitral Class Action Waivers

In a controversial decision that rejects the precedent of numerous federal and state courts, the National Labor Relations Board (NLRB) has reaffirmed its earlier decision in D.R. Horton, Inc., 357 NLRB No. 184 (2012). In...more

11/12/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Employee Rights NLRA NLRB

Political Speech and Activity in the Workplace: The 2014 Midterms are Here

Election season can be a heated time. In many contexts, this can mean arguments with friends, family, and acquaintances. It can also mean added tension and disagreement in the workplace. In some cases, employers may seek...more

10/30/2014 - Employee Rights First Amendment NLRA NLRB Political Expression

Who's in Control Here? California's Supreme Court Establishes New Standards for Potential Franchisor Liability for Employee Tort...

On August 28, 2014, the Supreme Court of California, in Patterson v. Domino's Pizza, LLC, decided whether a franchisor was entitled to summary judgment on the plaintiff's claims that the franchisor was vicariously liable for...more

9/3/2014 - Dominos Employer Liability Issues Fast-Food Industry Franchises Franchisors Joint Employers McDonalds NLRB Vicarious Liability

NLRB General Counsel Announcement on Joint Employer Status for Franchisors Could Have Significant Implications

In a move that could have a dramatic impact on numerous businesses across the country, National Labor Relations Board General Counsel Richard Griffin announced on July 29, 2014, that his office intends to name a parent...more

8/1/2014 - Employee Rights Franchises Franchisors Joint Employers NLRA NLRB

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

In This Report: - Explanation And Scope Of This Preliminary Littler Report - Introduction - Workplace LAW Challenges And Solutions - A. Human Displacement - B. Union And Non-Union...more

2/14/2014 - Anti-Discrimination Policies Business Torts Discovery Healthcare Internet of Things Robotics Unions Wage and Hour Workers' Compensation Defense Workplace Safety

Workplace Policy Institute – A Special Labor Day 2013 Report: Is Labor Poised For Rebirth?

In This Publication: - Introduction - New Face of the NLRB - Bargaining Unit Determination - Other precedent-changing Decisions - New NLRB Members - NLRB General counsel ...more

8/28/2013 - Ambush Election Rules Bargaining Units Independent Contractors NLRB Persuader Rules Social Media

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