Michael Lotito

Michael Lotito

Littler

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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

U.S. Supreme Court Denies Review of Union Trespassing Case in California

Labor unions recently won a victory over employers in California when the U.S. Supreme Court denied review of the California Supreme Court's decision in Ralphs Grocery Co. v. UFCW. The California court had upheld two state...more

7/16/2013 - First Amendment Free Speech Judicial Review SCOTUS Trespass Unions

Workplace Policy Institute: Agencies Release Spring 2013 Regulatory Agendas; Final Persuader Rule Expected in November

Federal agencies have released their spring 2013 regulatory agendas outlining the rules they will likely propose or issue in final form during the next six-month period. While agencies often stray from their stated goals and...more

7/9/2013 - Companionship Exemptions Compliance Consultants DOL EBSA EEOC HHS IRS NLRB OFCCP OLMS OSHA Persuader Rules Right To Know Wage and Hour Whistleblower Protection Policies Whistleblowers

Workplace Policy Institute: Regulatory Agenda Update

On December 21, 2012, federal agencies released their long-awaited unified agendas and regulatory plans for 2012. Under the Regulatory Flexibility Act, federal agencies are required to publish semi-annual lists of...more

1/7/2013 - Affirmative Action DOL EBSA EEOC NLRB OFCCP OSHA Regulatory Flexibility Act Wage and Hour

Workplace Policy Institute Client Alert: Falling Over the Fiscal Cliff

As the January 1, 2013, "fiscal cliff" deadline fast approaches, the Senate may be close to a compromise "solution" as we push midnight tonight. Whether a deal will emerge that can pass the House and be signed by the...more

1/2/2013 - Collective Bargaining DOL Fiscal Cliff Layoff Notices Sequestration Unemployment Insurance WARN Act

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