Michael Lotito

Michael Lotito

Littler

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Court Permanently Blocks DOL's Persuader Rule

To the relief of many employers that rely on third parties to provide labor advice and services, a Texas federal court has permanently blocked a rule that would have required them to make certain disclosures about their...more

11/17/2016 - Collective Bargaining Disclosure Requirements DOL Final Rules LMRDA Permanent Injunctions Persuader Rules Reporting Requirements Summary Judgment Trump Administration Unions

DOJ and FTC Release Antitrust Guidance for HR Professionals

Employment lawyers and human resources professionals, take note:  In 2016, in addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more...more

11/8/2016 - Anti-Competitive Antitrust Provisions Competition DOJ Employer Liability Issues FTC Hiring & Firing Human Resources Professionals Job Applicants New Guidance Non-Compete Agreements Non-Solicitation Agreements Recruitment Policies Wage-Fixing

Littler’s Marko Mrkonich Testifies at EEOC Meeting on Implications of Big Data in Employment

On October 13, 2016, the U.S. Equal Employment Opportunity Commission empaneled a group of Big Data experts, including Littler Shareholder Marko Mrkonich, to discuss the use of data analytics in hiring, performance...more

10/17/2016 - Algorithms Analytics Big Data Comment Period Discrimination EEOC Hiring & Firing

NLRB General Counsel Wants More Clarity and Employee Protection for Intermittent Strikes

On October 3, 2016, the Office of the General Counsel (OGC) for the National Labor Relations Board asked the NLRB to clarify and broaden the protection afforded employees who engage in intermittent and partial strikes....more

10/6/2016 - Corporate Counsel NLRB NLRB General Counsel Right to Strike Section 7 Unions

DOL Moves Forward With Plan to Determine Size of the Gig Economy

Earlier this year, the U.S. Department of Labor (DOL) announced plans to revive the Contingent Worker Supplement (CWS) to the upcoming Current Population Survey, in an effort to capture a more accurate picture of the modern...more

10/3/2016 - Comment Period Contingent Employees DOL Gig Economy Mobile Apps On-Demand Services Wage and Hour

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

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