Michael Lotito

Michael Lotito

Littler

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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

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 (FAR) 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 Corporate Counsel Franchises Joint Employers NLRB Right to Work Unions Wage and Hour

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