Michael Lotito

Michael Lotito

Littler

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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

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 Corporate Counsel Creditors Debtors Franchisee Franchisors 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 Corporate Counsel DOL EEOC Franchise Agreements Franchisee Franchisors 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 - California Family Rights Act (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

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