Michael Lotito

Michael Lotito

Littler

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Seattle Ballot Initiative Targets Hotel Industry

According to Ballotpedia, 140 state ballot initiatives in 35 states have already been certified for the November 8, 2016 election. This number does not include the many city-wide measures that will be before voters on...more

8/10/2016 - Affordable Care Act Ballot Measures Business Succession Employee Retention Employer Mandates Health Insurance Health Insurance Exchanges Hospitality Industry Hotels Sexual Assault Sexual Harassment Wage and Hour Workplace Injury Workplace Safety

Texas District Court Issues Nationwide Injunction Blocking the Department of Labor’s Persuader Rule

On June 27, 2016, the District Court for the Northern District of Texas issued a nationwide injunction enjoining the Department of Labor’s (DOL) Persuader Rule, 81 Fed. Reg. 15924.  In reaching this conclusion, the court...more

6/28/2016 - Collective Bargaining Consultants DOL Due Process Fifth Amendment First Amendment Free Speech Freedom of Association Injunctions LMRDA Persuader Rules Regulatory Flexibility Act Reporting Requirements Unions

Minnesota District Court Denies Request to Enjoin DOL's Persuader Rule, But Signals Rule Could Be Overturned

In a decision that sheds light on the potential viability of the Department of Labor’s (“DOL”) Persuader Rule, a Minnesota district court on June 22, 2016, denied a request to enjoin the rule, which the DOL intends to begin...more

6/23/2016 - Collective Bargaining Consultants Corporate Counsel DOL LMRDA Persuader Rules Reporting Requirements Unions

Department of Labor Provides Limited Opportunity to Obtain Advice Without Triggering the New "Persuader Rule"

The Department of Labor’s recently-issued Final Rule, 81 Fed. Reg. 15924 (the “Persuader Rule”) imposes upon employers and their advisors (including lawyers and consultants), for the first time, the obligation to file public...more

6/13/2016 - Collective Bargaining DOL Persuader Rules Unions

Department of Labor Issues Long-Awaited "Persuader Activity" Final Rule

On March 24, 2016, the U.S. Department of Labor (DOL) issued a final rule, 81 Fed. Reg. 15924, that will require employers to file public reports with the DOL when they use consultants (including lawyers) to provide labor...more

3/25/2016 - Collective Bargaining Corporate Counsel DOL Final Rules LMRDA OLMS Persuader Rules Reporting Requirements Trade Associations Unions

Republicans Introduce Bill to Nullify DOL Overtime Rule, While Democrats Introduce Legislation Addressing Wage Theft

Wage-related bills have been popular in Congress this week. While none of these measures are expected to be enacted during this election year, they provide clues to the battle that lies ahead for the Department of Labor's...more

3/18/2016 - Corporate Counsel DOL Final Rules FLSA Minimum Salary Over-Time Proposed Legislation Wage and Hour Wage Theft White-Collar Exemptions

Who is Merrick Garland and What Does His Nomination Mean for Labor and Employment Law?

A month after U.S. Supreme Court Justice Antonin Scalia’s death, President Obama has appointed Merrick B. Garland to fill the High Court vacancy. Judge Garland currently is Chief Judge for the U.S. Court of Appeals for the...more

3/17/2016 - ALJ Corporate Counsel Judges Judicial Appointments Justice Scalia Obama Administration Popular SCOTUS

DOL's White Collar Overtime Rule Advances

Despite significant concern from some lawmakers and the business community, the Department of Labor sent its final rule revising white collar overtime exemption regulations to the White House Office of Management and Budget...more

3/15/2016 - DOL FLSA Minimum Salary Popular Unpaid Overtime Wage and Hour White-Collar Exemptions

Workplace Policy Institute Insider Report — March 2016

Littler's Workplace Policy Institute® (WPI™) presents the Insider Report, a monthly newsletter detailing key labor, employment, and benefits policy developments at the federal, state, local and global levels. This month's...more

3/4/2016 - EEOC Federal Budget Gender-Based Pay Discrimination Joint Employers LMRDA Minimum Wage Sick Leave Title VII Voting Leave Wage and Hour Wage Theft White-Collar Exemptions Work Schedules

NLRB Continues Attack on Class and Collective Action Waivers

There seems to be no end in sight to the standoff between the National Labor Relations Board and at least a majority of the federal courts over the legality of arbitration agreements that require employees to waive the right...more

2/23/2016 - AT&T Mobility v Concepcion Class Action Arbitration Waivers Collective Actions Corporate Counsel D.R. Horton v NLRB Federal Arbitration Act NLRA NLRB Popular SCOTUS

What are the Short- and Long-Term Employment Law Implications of Supreme Court Justice Antonin Scalia's Death?

For the last three decades, Justice Antonin Scalia served as a stanch and reliable conservative voice on the U.S. Supreme Court. While his rulings could be controversial at times, he remained widely liked and respected, even...more

2/15/2016 - Antonin Scalia FLSA Judicial Appointments Nominations Rule 23(b)(3) SCOTUS Unions

DOL Issues Guidance on Joint Employment under FLSA

The Department of Labor's Wage & Hour Division (WHD) has issued an Administrator's Interpretation (AI) establishing new standards for determining joint employment under the federal Fair Labor Standards Act (FLSA) and the...more

1/20/2016 - Agricultural Workers Corporate Counsel Employer Liability Issues FLSA Joint Employers Migrant Workers Popular Seasonal Workers Wage and Hour

State of the Union 2016 – What Will the President Focus on in his Final Year in Office?

While much of last night's State of the Union Address focused on big-picture issues, President Obama did make some specific employment-related comments during the annual speech to the country. One underlying purpose of this...more

1/14/2016 - Employee Benefits Health Insurance Paid Leave Private Sector Retirement Plan State of the Union

Associations Press for More Logical Persuader Rulemaking Process

With the DOL's persuader rule nearing final publication, 90 trade associations representing millions of employers sent a letter to the U.S. Office of Management and Budget (OMB) on Friday asking that the rulemaking be...more

12/21/2015 - DOL LMRDA OMB Persuader Rules Reporting Requirements Unions

Congress Approves Spending and Tax Measures; Key Labor and Employment "Riders" Omitted from Bipartisan Funding Agreement

Considered the last legislative feat of 2015, Congress approved a massive tax and spending package on Friday that includes some positive and negative provisions for employers. The Omnibus Appropriations Act funds the federal...more

12/21/2015 - Affordable Care Act Appropriations Bill Cadillac Tax Federal Acquisition Regulations (FAR) H-2B Joint Employers Pending Legislation Silica

DOL's Persuader Rule Advances

After years in regulatory limbo, the Department of Labor’s final revisions to the so-called “persuader” rule have moved one step closer to publication. On December 7, the DOL’s Office of Labor-Management Standards (OLMS)...more

12/8/2015 - Corporate Counsel DOL LMRDA OLMS OMB Persuader Rules Reporting Requirements

Ushering in a New Year of Labor and Employment Legislation

With the new year less than one month away, the compliance countdown for new laws has begun. Limited time remains in 2015 for employers to ensure policies and practices are developed or revised to meet 2016 obligations. Time...more

12/4/2015 - Corporate Counsel Criminal Background Checks Equal Pay Popular Rest and Meal Break Sick Leave Veterans Wage and Hour Workplace Safety

Final Rules on Overtime, Crystalline Silica, and Persuader Agreements are Expected in the First Half of 2016

On Friday, federal agencies released their Fall 2015 Regulatory Plans and Unified Agendas. These semiannual reports detail all agency rulemaking efforts at their various stages of development and implementation. The...more

11/20/2015 - DOL Fair Pay and Safe Workplaces Federal Contractors GINA White-Collar Exemptions

White House Holds Worker Voice Summit

On Wednesday, the White House hosted a Summit on Worker Voice, an all-day event focused on promoting organized labor. The Summit featured panel discussions involving workers, union officials and organizers, and "model"...more

10/8/2015 - AFL-CIO Collective Bargaining Obama Administration Unions Unpaid Overtime Wage and Hour Worker Protection Standard

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