Overview

Michael J. Lotito is the founder and co-chair of Littler’s Workplace Policy Institute® (WPI®), the firm’s government relations and public policy arm. He provides strategic advice to C-suite executives and policy makers on the complex intersection of public policy, communications and the law at the international, national and local levels. Michael takes a proactive and holistic approach to advocating for the interests of employers on a global scale, working with companies, trade associations, business groups and other influencers to define and shape the laws, regulations and policies that have critical implications for the workplace.

Michael focuses on giving employers a voice in the midst of changes affecting their workplaces. He has been at the forefront of challenging numerous rules and regulations impacting employers, such as the expansion of the joint employer doctrine, changes to the definition of an independent contractor, new overtime pay requirements, the Protecting the Right to Organize (PRO) Act, and the Persuader Rule. Michael also advocates for employers on issues including nominations to government agencies, state level developments impacting freedom of speech for corporations, and the rapid expansion of sectoral bargaining boards. He serves as labor and policy counsel to the International Franchise Association, as a member of the Labor Relations Committee of the U.S. Chamber of Commerce, and a member of the California Business Roundtable’s board of directors.

Michael speaks around the world on workplace topics and writes extensively on emerging issues for the workplace. He has testified before committees in the U.S. Senate and U.S. House of Representatives, as well as before the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC). He is regularly quoted and published in such media outlets as The Wall Street Journal, The New York Times, The Financial Times, Bloomberg, Reuters, Chief Executive Magazine, Law360, Fox Business, National Law Journal, CNBC, The Hill and Politico, and has a significant social media presence on LinkedIn. Michael was inducted into Human Resource Executive magazine’s Most Powerful Employment Attorneys Hall of Fame, and Villanova University Graduate School of Human Resources named him HR Alumnus of the 20th Century.

Through the Emma Coalition – a nonprofit, nonpartisan organization that he co-founded in 2018 to address the technology-induced displacement of employment (TIDE™) – Michael has been at the vanguard of preparing American business and the American workforce for the future of work. As technological innovation drives significant changes in employers’ talent needs, the Emma Coalition focuses on understanding the skills the American workforce will need in the future and addressing the country’s varied and complex workforce challenges through education, training and engagement with policymakers.

 

* Member of the California Bar; not licensed to practice law in the District of Columbia. Practice is limited primarily to governmental affairs advocacy but also includes the practice before Federal Agencies authorized by Rule 49(c)(3) and does not constitute the practice of law under Rule 49 of the District Columbia Court of Appeals.

Professional & Community Affiliations

Member

Littler Board of Directors

2021-2023

Member

Labor and Employment Case Selection Committee

National Chamber Litigation Center

Member

Labor Relations Committee

U.S. Chamber of Commerce

Member, Board of Directors

California Business Roundtable

Member

Society of Human Resource Management

Member

Employee and Labor Relations Committee

Society of Human Resource Management

Fellow

American Bar Foundation

Member

State Bar of California

Member

International Bar Association

Member

College of Labor and Employment Lawyers

Former Chair

Employment and Labor Law, Tort and Insurance Practice Section

American Bar Association

Former Chair, Board of Directors

Society of Human Resource Management

Former Chair

National Legislative Affairs Committee

Society of Human Resource Management

Former Member, Board of Directors

Sterling Testing Systems

Former Chair

Marin Catholic Board of Regents

Former Member

Employee Benefits Committee

U.S. Chamber of Commerce

Recognition

Awarded, AV Preeminent ® Peer Review Rating

Martindale-Hubbell

Awarded, AV Preeminent ® Judicial Review Rating

Martindale-Hubbell

2021

Named, The Best Lawyers in America©

2021

Named, Employment Law Trailblazers

National Law Journal

2020

Named, Member

Washington Legal Foundation (WLF) Legal Policy Advisory Board

2019

Named, Super Lawyer

Northern California

Super Lawyers

2010-2022

Fellow

College of Labor and Employment Lawyers

Inducted 2017

Named, Nations' Most Powerful Employment Attorneys

Hall of Fame

Human Resource Executive / Lawdragon Inc.

2013-2017

Hall of Fame Inductee

Human Resource Executive / Lawdragon Inc.

2017

Named, Readers’ Choice Top Author

JD Supra

2016

Named, Recommended Lawyer

Labor Management Relations

Legal 500 United States

2016

Named, Management Labour and Employment

Who’s Who Legal

Recipient, Human Resource Alumnus of 20th Century

Human Resource Development Program

Villanova University

Named a Member of Vistage 200

for making successful CEO presentations for chapters throughout the U.S.

Named, 500 Leading U.S. Corporate Employment Lawyers

Lawdragon

2020-2025

Recommended, Labour & Employment

Who's Who Legal

2024

News, Analysis & Press

The White House Will Be Shedding Its Union Label

The New York Times

November 10, 2024

Littler WPI’s Election Report 2024

WPI Report

November 7, 2024

Six high-stakes employment rules that could tilt on the election

American City Business Journals

November 4, 2024

The Global Guide Quarterly (Quarter 3, 2024)

Global Guide Quarterly

October 23, 2024

NLRB Nominations Face Tight Timeline As Senate Returns

Law360 Employment Authority

September 9, 2024

Ten Employment Issues This Labor Day

Insight

September 2, 2024

Harris' Surge Renews Labor Advocates' White House Hopes

Law360 Employment Authority

August 16, 2024

Supreme Court’s Decision Seen Changing Rulemaking

Material Handling & Logistics

August 2, 2024

The Global Guide Quarterly (Quarter 2, 2024)

Global Guide Quarterly

July 24, 2024

Advocates Raise Alarms Over Project 2025 Labor Road Map

Law360 Employment Authority

July 1, 2024

Justices' Chevron Ruling Threatens DOL Wage Rulemaking

Law360 Employment Authority

June 28, 2024

Fight Over Biden NLRB Noms Likely With Election In Sight

Law360 Employment Authority

May 29, 2024

The Littler Annual Employer Survey 2024

Littler Report

May 8, 2024

US firms expect little reprieve from enforcement this election year

International Employment Lawyer

May 8, 2024

Unions Take Aim at South After UAW Win

The Wall Street Journal

April 20, 2024

Could the Union Victory at VW Set Off a Wave?

The New York Times

April 20, 2024

Bills Tying Incentives To Card Check Could Be Preempted

Law360 Employment Authority

April 2, 2024

On 'Chevron' Deference and a Path Forward

The National Law Journal

March 8, 2024

US unions woo female workers on gender pay gaps

Financial Times

March 7, 2024

DOL Contractor Rule Critics Aim For Familiar Judge's Review

Law360 Employment Authority

January 25, 2024

Union Rates Down Slightly In 2023, BLS Data Shows

Law360 Employment Authority

January 23, 2024

6 in-house legal trends to watch in 2024

Legal Drive

January 9, 2024

Biden-Era NLRB Faces Make-Or-Break Year In 2024

Law360 Employment Authority

January 1, 2024

Congress: What Are You Up to, Julie?

California Globe

December 7, 2023

What Employers Should Know About Biden's AI Order

Law360 Employment Authority

November 3, 2023

UAW Joins Wave of Union Strikes Looking for Big Wins

The Wall Street Journal

September 28, 2023

Biden-Era NLRB Picking Up Steam After Slow Start

Law360 Employment Authority

September 13, 2023

WPI Labor Day Report 2023

WPI Report

September 5, 2023

Unions Win Under NLRB's Shift Of Bargaining Order Standard

Law360 Employment Authority

August 25, 2023

America is barreling toward a summer of strikes

The Seattle Times

July 21, 2023

Introducing Law360's NLRB Precedent Tracker

Law360 Employment Authority

July 21, 2023

Some States Angling To Stop Anti-Union Meetings

Law360 Employment Authority

July 20, 2023

Watchers Surprised Wilcox Moving In Senate Sans GOP Pick

Law360 Employment Authority

July 7, 2023

5 Things Wage-Hour Attys Are Watching In 2023's 2nd Half

Law360 Employment Authority

July 5, 2023

A very California coup

The Orange County Register

July 5, 2023

DOL Says Julie Su Can Run Agency Without Senate Approval

Law360 Employment Authority

June 2, 2023

Noncompete Clauses Violate Labor Law, NLRB Lawyer Says

The Wall Street Journal

May 30, 2023

Weekly Shift

Politico

May 22, 2023

The Kids Are Alright

Traceroute

May 11, 2023

Workers' Mental Health Needs On The Rise, Littler Report Says

Law360 Employment Authority

May 10, 2023

The Littler Annual Employer Survey 2023

Littler Report

May 10, 2023

Tenn. Union Card Check Law Awaits Governor's Signature

Law360 Employment Authority

April 24, 2023

Unions Have Chance To End Controversial Pay Tiers

Law360 Employment Authority

April 13, 2023

Are You Ready for Another Bank Failure?

SHRM Online

March 24, 2023

Silicon Valley Bank collapse is a ‘wakeup call’

Human Resources Director

March 16, 2023

Calif. To Watch For PAGA Claims Related To Bank Collapse

Law360 Employment Authority

March 13, 2023

DOL Observers Size Up Marty Walsh's Wage and Hour Legacy

Law360 Employment Authority

March 10, 2023

Tenn. Legislation Takes Aim At Union Card Check Process

Law360 Employment Authority

February 22, 2023

Biden Renominates DOL Wage Chief Pick

Law360

January 23, 2023

4 NLRB Developments To Watch In 2023

Law360 Employment Authority

January 2, 2023

Litigation Likely To Test Reach Of New NLRB Remedy Ruling

Law360 Employment Authority

December 15, 2022

New Congress Imperils Biden's Wage Priorities

Law360 Employment Authority

November 16, 2022

Top 3 Labor Takeaways From The 2022 Midterms

Law360 Employment Authority

November 9, 2022

DOL rule change may fuel litigation

Business Insurance

November 2, 2022

DOL Aims To Avert Another Independent Contractor Rule Flub

Law360 Employment Authority

October 28, 2022

Midterm Elections Come With High Stakes For NLRB

Law360 Employment Authority

October 26, 2022

New DOL Contractor Rule Proposal's 3 Key Takeaways

Law360 Employment Authority

October 11, 2022

Next Up From DOL: Overtime, Independent Contractor Rules

Law360 Employment Authority

September 19, 2022

SBA's Union Toolkit Sends A Message To Labor And Business

Law360 Employment Authority

September 19, 2022

Strikes Becoming More Common Amid Inflation, Tight Labor Market

The Wall Street Journal

September 16, 2022

Biz Groups Throw Down Gauntlet In Calif. Fast Food Fight

Law360 Employment Authority

September 9, 2022

Littler’s Annual Labor Day Report

Industry Today

September 7, 2022

Littler Labor Day Report Highlights Hiring, Policy Hurdles

Law360 Employment Authority

September 6, 2022

WPI Labor Day Report 2022

WPI Report

September 5, 2022

Employment: Industrial action on significant scale roils UK

International Bar Association

August 15, 2022

Biden NLRB's First Year Yields Little Policy Action

Law360 Employment Authority

August 3, 2022

Democrats' Reconciliation Deal Omits Labor Fines

Law360 Employment Authority

July 28, 2022

Wage-Hour Attorneys' 2022 Midyear Predictions

Law360 Employment Authority

June 29, 2022

How the talent squeeze is driving flexible work options

Human Resource Executive

May 13, 2022

Lack Of Federal Vax Rule Leaves Many Cos. Without A Policy

Law360 Employment Authority

May 4, 2022

The Littler Annual Employer Survey 2022

Littler Report

May 4, 2022

Rewriting Labor Law by Executive Fiat

The Wall Street Journal

April 11, 2022

3 Takeaways As NLRB GC Sets Sights On Anti-Union Meetings

Law360 Employment Authority

April 7, 2022

Strain On NLRB Staff Expected After Funding Kept Flat

Law360 Employment Authority

March 21, 2022

In New York City, Subjectivity Trumps Data Analytics

New York Law Journal

March 11, 2022

NLRB Atlanta Opera Briefs Include Antitrust Arguments and Novel Proposals, Setting Stage for Gig Economy to Face All-of-Government Approach on Misclassification Concerns

The Capitol Forum

February 17, 2022

New York, Calif. Bills Would Give Nonunion Workers More Say

Law360 Employment Authority

February 4, 2022

Any Revised NLRB Decision on Misclassification May Face Stiff Challenge in Court, But Prosecutorial Discretion at NLRB Still Seen as Major Risk to Gig Economy Companies

The Capitol Forum

February 3, 2022

Labor Seeks Legal, Strategy Changes After Union Rate Drop

Law360 Employment Authority

January 24, 2022

Union Membership Dips In 2021 As Jobs Return

Law360 Employment Authority

January 20, 2022

Teamsters Vote Signals Workers' Desire For Active Unions

Law360 Employment Authority

November 22, 2021

4 Issues In Play As New Biden NLRB Members Settle In

Law360 Employment Authority

October 28, 2021

Biden Spending Bill Would Add Labor Law Violations Penalties

Law360 Employment Authority

October 28, 2021

Labor Market, Worker Frustration Fueling 'Striketober'

Law360 Employment Authority

October 22, 2021

Democrats face ethics déjà vu at NLRB

Politico PRO

October 4, 2021

Abruzzo Says College Athlete Memo Could Reach Off-Campus

Law360 Employment Authority

September 29, 2021

Employers Face New Labor Fines as Democrats Try Budget Maneuver

Bloomberg Government

September 20, 2021

Court Showdowns Await Labor Board GC's Legal Agenda

Law360 Employment Authority

September 15, 2021

Why are people mad at the CDC?

Politico

September 13, 2021

Congressional Democrats Want to Weaponize Federal Labor Law

The Wall Street Journal

September 12, 2021

WPI Labor Day Report 2021

WPI Report

September 6, 2021

No End To Pandemic Issues, Littler Labor Day Report Says

Law360 Employment Authority

September 6, 2021

Has Momentum Stalled For A Federal $15 Minimum Wage?

Law360 Employment Authority

August 25, 2021

What To Watch For As NLRB Nominees Take Hot Seat

Law360 Employment Authority

July 14, 2021

House Labor Funding Bill Calls For NLRB Boost, E-Voting

Law360 Employment Authority

July 12, 2021

NLRB Confirmations Among Top Labor Moves Left For Biden

Law360 Employment Authority

July 1, 2021

DOL Secretary's Overtime Rule Hint Raises 3 Key Questions

Law360 Employment Authority

June 10, 2021

City “Right To Recall” Laws

WPI Report

May 17, 2021

The Littler Annual Employer Survey 2021

Littler Report

May 12, 2021

Employer Advocates Wary As Biden Hits 100-Day Mark

Law360 Employment Authority

April 29, 2021

Biden’s Infrastructure Package Is Designed to Boost Unions

The Wall Street Journal

April 3, 2021

Managers Should Be Aware of the PRO Act

SHRM Online

March 23, 2021

The Future of Unions

CQ Researcher (CQR)

January 29, 2021

Labor Secretary Will Face These Challenges

SHRM Online

January 11, 2021

Big Labor Readies for Major Concession from Biden

The Washington Free Beacon

November 27, 2020

Why employers are focusing on remote work, the election

Human Resource Executive

November 24, 2020

The Littler Employer Pulse Survey Report

Littler Report

November 18, 2020

COVID-19 employment lawsuits

Thomson Reuters Westlaw

September 29, 2020

WPI Labor Day Report 2020

WPI Report

September 8, 2020

How COVID-19 has ‘fundamentally changed employment’

Human Resource Executive

September 7, 2020

The “New” AB 5

Podcast

September 1, 2020

CARES Act: Implications for Employers

Insight

March 30, 2020

New Rule Makes It Harder to Challenge Labor Practices

The New York Times

February 25, 2020

NLRB Finalizes Joint Employer Rule

HR Dive

February 25, 2020

NLRB Issues New Definition of ‘Joint Employer'

SHRM Online

February 25, 2020

Now what? Practical tips for navigating California post-A.B. 5

Thomson Reuters Westlaw

October 17, 2019

Top issues small to midsize businesses need to consider about AB 5

San Francisco Business Times

September 11, 2019

Codifying Dynamex, AB 5 Could Turn Thousands of California Independent Contractors Into Employees

Michael Lotito describes business concerns regarding California’s AB 5.

September 10, 2019

WPI Labor Day Report 2019

WPI Report

September 3, 2019

Is California ready for AB5?

Human Resource Executive

August 26, 2019

What’s New with the EEOC?

Podcast

August 21, 2019

What to Expect from the Next DOL Secretary

Human Resource Executive

August 5, 2019

Trump to Nominate Eugene Scalia to Serve as Labor Secretary

The Wall Street Journal

July 18, 2019

US Labor Secretary Acosta Resigns

HR Dive

July 12, 2019

Acosta out: Where will DOL go from here?

Employee Benefit News

July 12, 2019

Burger-Flipper Arbitrators

The Wall Street Journal

February 28, 2019

DOL Regulations Need Updating to Afford Workers Desired Flexibility

Regulatory Transparency Project

February 11, 2019

A Frank Look at Automation in HR

HR Daily Advisor

February 4, 2019

LGBT Debate Shackles Trump Harassment Police

Bloomberg Law

December 3, 2018

Companies Aim to Ease Workers into Automation

Techonomy

November 11, 2018

Industry Experts React to Midterm Elections

Benefits Pro

November 9, 2018

Employment Law Implications After US House Flips to Dems

The National Law Journal

November 7, 2018

New Joint-Employer Rule Would Be a Reversal for NLRB

Human Resource Executive

September 18, 2018

Will DOL Health Plan Changes Help Or Hurt Your Franchise?

International Franchise Association

September 4, 2018

Littler's WPI Labor Day Report 2018

WPI Report

August 30, 2018

What's Ahead in Workforce Regulations

IndustryWeek

August 31, 2018

Dealing with New Technologies in the Workplace

Asian Robotics Review

August 31, 2018

Labor Watchdogs Warn of Reappointing Obama Labor Holdover

The Washington Free Beacon

August 26, 2018

Regulatory Shifts Affecting the Workplace

Workspan Daily

May 25, 2018

Employers Call on Trump to Rescind Ambush Rules

The Washington Beacon

April 19, 2018

Trump Shakes Up NLRB Leadership

The Wall Street Journal

April 13, 2018

Plan to Demote Directors Roils Labor Agency

San Francisco Chronicle

January 26, 2018

More Obama NLRB Decisions May Be Ditched

SHRM Online

January 4, 2018

NLRB's Rollback Initiative

Human Resource Executive

January 3, 2018

Important Labor & Employment Provisions Included in Federal Tax Bill

Ohio Chamber of Commerce Blog

December 28, 2017

NLRB Deals Severe Blow to Micro-Bargaining Units

SHRM Online

December 18, 2017

NLRB Reverses Decision Targeting Franchises

The Washington Free Beacon

December 16, 2017

Reconfigured NLRB Board Rolls Back Obama-Era Rulings

Business Insurance

December 15, 2017

NLRB Rules Against Micro-Units

Politico

December 15, 2017

How the Franchise Lobby is Fighting Back

Politico

December 14, 2017

Morning Shift

Politico

December 13, 2017

Franchise Group Takes Super-Sized Role in Big Labor Beef

Daily Labor Report

December 13, 2017

National Labor Relations Board Strikes Pro-Employer Stance

Business Insurance

December 12, 2017

What Would a New FLSA Overtime Rule Look Like?

SHRM Online

December 4, 2017

Tightening Joint-Employer Status

Human Resource Executive Online

December 4, 2017

Trump Finally Cements Control Over Rogue Labor Board

Liberty News Now

November 17, 2017

Trump’s Top Labor Prosecutor Could Unravel Obama-Era Gains

The Washington Free Beacon

November 13, 2017

House Passes Joint Employer Legislation

SHRM Online

November 8, 2017

Punching In: Overtime October Surprise

Bloomberg BNA

October 30, 2017

Morning Shift

Politico

September 29, 2017

WPI Insider Briefing: Post-Labor Day Report

WPI Report

September 12, 2017

WPI State of the States: Labor Day Edition

WPI Report

September 5, 2017

Bill Will Ease Joint Employer Rules

Daily Journal

August 1, 2017

The Age of Ambiguity

Human Resources Executive Online

June 22, 2017

Big Law Attorneys Think Twice About Trump Labor Gig

Bloomberg Big Law Business

May 30, 2017

May Day Protesters May Be Covered by Law

SHRM Online

April 28, 2017

Miscimarra Named NLRB Chairman

Compliance Week

April 26, 2017

Start Spreading the News

Multi-Unit Franchisee

March 8, 2017

Businesses Fear Joint Employer 'Creep'

Bloomberg BNA Daily Labor Report

March 3, 2017

Acosta Labor Department May Go Light on Litigation

Bloomberg BNA Daily Labor Report

February 26, 2017

Bush Labor Veteran Quietly Assumes Acting Solicitor Post

Bloomberg BNA Daily Labor Report

February 21, 2017

In Good Hands

Human Resource Executive Online

February 6, 2017

The Year Ahead in Labor and Employment Policy

Today's General Counsel

February 1, 2017

Supreme Court Nominee Gorsuch Could Please Risk Managers

Business Insurance

February 1, 2017

Gorsuch, Like Scalia, Likely to Back Employers

Business Management Daily

February 1, 2017

NLRB, FTC, and CTFC Have New Leadership

Compliance Week

January 26, 2017

Don’t Ignore the Labor Board

The Wall Street Journal

January 24, 2017

Trump Freezes Overtime, Pay Data Regulations

Bloomberg BNA Daily Labor Report

January 24, 2017

Supreme Court to Rule on Class-Action Waivers

SHRM Online

January 18, 2017

Wage & Hour Division Puts Worker Protection Vows to Test

Bloomberg BNA Daily Labor Report

January 9, 2017

Trump's DOL Can Begin Unwinding Obama, Perez Agenda

Bloomberg BNA Daily Labor Report

January 9, 2017

Recent Developments In Employment Law and Litigation

Tort Trial & Insurance Practice Law Journal

January 1, 2017

The Top Employment Regulations of 2016

Law360

December 20, 2016

Reactions Mixed to DOL Pick

Human Resource Executive Online

December 9, 2016

Puzder Tapped for Labor

POLITICO

December 9, 2016

Trump Taps Fast-Food CEO Puzder as Labor Secretary

Bloomberg BNA Daily Labor Report

December 8, 2016

Was the Obama NLRB the Most Partisan Board in History?

Coalition for a Democratic Workplace

December 6, 2016

Franchise Technology May Tip Scales in Joint Employer Cases

Bloomberg BNA Daily Labor Report

November 30, 2016

Fiduciary Rule in Limbo?

Human Resource Executive Online

November 28, 2016

Court Permanently Bars New Persuader Rule

SHRM Online

November 18, 2016

Veteran DC Lobbyist Leads Trump's Labor Transition Team

Corporate Counsel

November 15, 2016

Trump’s Wage and Hour Division Likely to Reverse Course

Bloomberg BNA Daily Labor Report

November 15, 2016

Supreme Court Now in Trump's Hands

The Hill

November 15, 2016

Trump's High Court Pick Likely to Hew to Scalia's Example

Business Insurance

November 14, 2016

Veteran DC Lobbyist Leads Trump's Labor Transition Team

The National Law Journal

November 10, 2016

Eight Obama Labor Actions Targeted by Trump and GOP

Congressional Quarterly News

November 10, 2016

Morning Shift: Trump’s Upset Victory

POLITICO

November 9, 2016

Congress Limited by Elections, Calendar in Waning Days

Bloomberg BNA Daily Labor Report

September 2, 2016

Kaine on Card Check: It’s Complicated

Bloomberg BNA Daily Labor Report

August 12, 2016

A Joint Employer Trap

POLITICO

August 2, 2016

Lawsuits for Wages, Discrimination Top Employers’ Worries

Bloomberg BNA Daily Labor Report

July 13, 2016

DOL’s ‘Persuader Rule’: An Unpersuasive Boost for Union Organizing

National Legal and Policy Center

June 29, 2016

Persuader Rules: Greater Transparency or Destruction of Time-Honored Practice?

Bloomberg BNA Labor and Employment Blog

June 1, 2016

AFL-CIO Claims Labor Victory in DOL’s ‘Persuader’ Rule

New York Amsterdam News

March 24, 2016

Feds Move to Shut Down Business-Side Labor Lawyers

Washington Examiner

March 23, 2016

Union ‘Persuader’ Rule to Be Unveiled

The Wall Street Journal

March 23, 2016

Labor Department Issues Persuader Rule

Politico

March 23, 2016

DOL Issues Union 'Persuader Rule’

The Hill

March 23, 2016

Uncertain Future for Labor Cases After Scalia's Passing

Bloomberg BNA Daily Labor Report

February 16, 2016

Littler presses DOL on persuader rule

Politico

January 28, 2016

2016 Labor Outlook

Bloomberg BNA Daily Labor Report

January 25, 2016

Are You a Joint Employer?

SHRM

January 21, 2016

Labor Department Tackles Joint Employment

Politico Pro

January 20, 2016

Joint Employment Has 'Broad As Possible' Meaning, DOL Says

Bloomberg BNA Corporate Law & Accountability Report

January 20, 2016

SOTU Speech Signals More Workplace Changes

Human Resource Executive

January 13, 2016

Obama Looks to Future, Touts Past Worker Proposals

Bloomberg BNA Workplace Law Report

January 13, 2016

DOL's Persuader Rule Advances

ASAP

December 8, 2015

NLRB's Actions Speak Louder Than Words

The Hill

December 4, 2015

Supreme Court Reawakens Public Sector Unions

Bloomberg BNA Daily Labor Report

October 27, 2015

Walker Labor-Policy Proposal Earns Praise

National Review

September 15, 2015

Business, Employment Lawyers React to Browning-Ferris Decision

Business Management Daily

September 2, 2015

How the NLRB Will Make Unionization Efforts Easier in Warehousing

Crain's Chicago Business

September 2, 2015

Obama Labor Board Flexes Its Muscles

Politico

September 1, 2015

Union Watch: NLRB Rule Change

Fox Business Network

August 28, 2015

Labor Board Lets Workers Confront the Big Boys

Al Jazeera America

August 27, 2015

CFRA Joint Employers Beware

ASAP

August 6, 2015

The Big Move Toward Big Data in Employment

Littler Report

August 4, 2015

Review labor's 2015 Sacramento agenda

Daily Journal

July 30, 2015

Where the human resource worries reside

Fleet Owner

July 17, 2015

NLRB releases joint employer memo

Politico

May 13, 2015

Management Attorneys Predict Loss For McDonald’s in Dispute with NLRB

Bloomberg BNA Daily Labor Report

May 13, 2015

NLRB Takes On Right-To-Work

Politico

April 16, 2015

NLRB GC Offers Guidance on New Union Election Rule

Corporate Counsel

April 10, 2015

What we learned at the McDonald’s NLRB hearing – Days Inn worker fired for talking to media – Seattle wage hikes hits tomorrow

Politico

March 31, 2015

Why U.S. liberals and German unions love works councils

Politico – Labor & Employment Report

February 3, 2015

McConnell, Alexander Take Another Shot At Revamping NLRB, Adding Sixth Member

Bloomberg BNA Daily Labor Report

January 28, 2015

A New “Fact Sheet” For Franchises at the NLRB

Franchising World

2015

NLRB move will compromise franchise business model

Daily Journal

December 26, 2014

The NLRB Turns Government Into Kafka’s Nightmare

Real Clear Markets

December 23, 2014

NLRB decides employer email systems permitted for union organizing

Employee Benefit News (ebn)

December 17, 2014

NLRB ‘Purple’ Ruling May Leave Employers Feeling Blue

Corporate Counsel

December 15, 2014

NLRB continues to issue pro-union rulings

InsideCounsel

December 15, 2014

‘Quickie’ Union Election Rule Shrinks Campaign Period

Society For Human Resource Management (SHRM)

December 12, 2014

NLRB: Organizing Communication on E-Mail Now Permitted

Society For Human Resource Management (SHRM)

December 12, 2014

Morning Shift

Politico

November 20, 2014

Labor Pained by High Court

Workforce Management

September 24, 2014

Who’s the boss?

The Economist

September 6, 2014

U.S. Fast-Food Workers Protest for Higher Wages

The Wall Street Journal

September 5, 2014

Congress Returns With Little Time Left To Fund Government, Prepare for Election

Bloomberg BNA Daily Labor Report

September 5, 2014

Fast Food Strikes Erupt in 150 Cities, With Hundreds of Arrests, Organizers Say

Bloomberg BNA Daily Labor Report

September 4, 2014

Protests Seek to Replicate Success in Seattle

Society For Human Resource Management (SHRM)

September 4, 2014

Unions open coffers as Senate teeters

The Hill

September 1, 2014

Battle-Tested Big Labor Has Some Cause for Optimism

Society For Human Resource Management (SHRM)

August 29, 2014

Another reason business hates Obama

Crain’s Chicago Business

August 4, 2014

Breaking Down the Latest EO

Human Resource Executive Online

August 1, 2014

McDonald’s is not lovin’ a recent NLRB

Daily Journal

August 1, 2014

HR Grapples with Aggressive Regulatory Enforcement

Society for Human Resource Management (SHRM)

July 10, 2014

Court’s Mandatory Union Fees Decision Seen as Limited for Now

Society for Human Resource Management (SHRM)

July 1, 2014

New Overtime Rules Big Deal for HR

Society for Human Resource Management (SHRM)

June 23, 2014

NLRB Proposed Rule on Elections Would Require Employer Position Statement

Society for Human Resource Management (SHRM)

April 9, 2014

Up in arms over union ‘persuader’ rule

The Hill

February 12, 2014

Revamping the ‘Advice Exemption’

Human Resource Executive Online

February 11, 2014

Supreme Court decisions may affect compliance

Corporate Secretary

December 30, 2013

Perez presses Congress on unemployment extension

Baltimore Sun

December 21, 2013

Obama’s red tape flood could negate lame-duck status

Insurancenewsnet.com

December 9, 2013

New NLRB GC Has Corporate Counsel Guessing

Corporate Counsel

October 31, 2013

Law Firms Brace For Final DOL Persuader Rules

Law360.com

October 31, 2013

HR and the Supreme Court

Human Resource Executive Online

October 30, 2013

Obama Labor-Board Nominee Confirmed by Senate

Wall Street Journal

October 29, 2013

Experts: Fight over ACA is just beginning

Employee Benefits News (ebn)

October 17, 2013

Report on AFL-CIO Convention: Day 2

ASAP

September 10, 2013

Report on AFL-CIO Convention: Day 1

ASAP

September 9, 2013

Marylander Thomas Perez digs in at Labor Department

Baltimore Sun

September 7, 2013

Unions Can Organize ‘Micro Units,’ Court Affirms

The Wall Street Journal

August 16, 2013

Likely Labor Regs Would Aid Vets, Disabled, Unions

Associated Press

August 14, 2013

Recent Development In Employment Law and Litigation

American Bar Association

August 1, 2013

Supreme Court to Review Union Case

The Wall Street Journal

June 25, 2013

New 'persuader' rule looms over legal industry

Daily Journal

April 10, 2013

Breaking Down The EEOC's Plan

Human Resource Executive

March 12, 2013

The Potential Expanding Consequences of the D.C. Circuit’s holding in Noel Canning v. NLRB: The Board lacked a proper quorum, the President violated the constitution on recess appointments, and impact on other agency appointments

FLASH Newsletter

Section of Labor and Employment Law - American Bar Association

March 2013

Michael Lotito to Discuss the Catch 22 of the Labor Management Reporting and Disclosure Act

Committee News

American Bar Association (ABA)

Spring 2013

Laboring for the Advantage

Corporate Counsel

February 1, 2013

Five issues to watch in labor and employment

The National Law Journal

January 21, 2013

Michigan Rolls Up Welcome Mat for Unions

Society for Human Resource Management (SHRM)

December 13, 2012

Mich. Right-To-Work Laws Put Pressure On Ohio

Law360.com

December 12, 2012

Election Brings Clarity to HR Agenda

Human Resource Executive Online

November 7, 2012

The NLRB Flexes its Muscles

HR Magazine

August 1, 2012

San Jose Grabs Pension 'Third Rail' — Vested Rights

Investor's Business Daily

June 6, 2012

Much Ado about Monday’s NLRB Election-Rule Reversal

Human Resource Executive Online

May 16, 2012

Globalization of Labor Relations: A Transnational Perspective on "Think Global, Act Local"

ACC Docket

Association of Corporate Counsel

April 2012

Corporate Campaigns Globalize

Executive Counsel

August/September 2011

The Employee Free Choice Act: Piercing the Rhetoric

U.S. Chamber of Commerce

February 2009

Staying creative, working at preventive strategies key to ADA compliance

Disability Compliance Bulletin

Vol. 30, No. 4

May 2005

AIDS in the Workplace: A Practical Guide for Employers

The Practical Lawyer

December 1998

Integrate Claims Management With ADA Compliance Strategy

HR Magazine

August 1993

Americans With Disabilities Act: Are You Prepared?

The Corporate Board

March/April 1992

Shining Light on ADA

HR Magazine

February 1992

Life After Foley: What Will It Be?

Personnel

June 1988

Labor Relations Considerations for the New High-Technology Company

Santa Clara Computer and High Tech Law Journal

Vol. 2, No. 1

January 1986

Books & Book Chapters

  • Minding Your Business: Legal Issues and Practical Answers for Managing Workplace Privacy, Society for Human Resource Management, Co-Author: Lynn C. Outwater, 1997
  • The Job Placement-Ada Connection, Milt Wright & Associates, Co-Authors: R.K. Pimentel and C. G. Bell, 1993
  • The Americans With Disabilities Act: A Comprehensive Guide to Title I, Mill Wright & Associates, Co-Authors: M. J. Soltis and R. Pimentel, 1992
  • What Managers and Supervisors Need to Know About the ADA, Mill Wright & Associates, Co-Authors: R. K. Pimentel and D. Bissonnette, 1992

Speaking Engagements

Artificial Intelligence Issues and Developments

Big Sky Labor and Employment Conference, Big Sky, MT

August 6, 2024

Affecting Legislative Change in the States: How Can Employers Engage and Make an Impact

Littler Executive Employer Conference, Phoenix, AZ

May 10, 2024

Special Sessions: What Does the Biden Administration's "Whole-of-Government" Approach Mena for Employers and Workers?

Littler Executive Employer Conference, Phoenix, AZ

May 9, 2024

State of Unionization: The Intersection of Unions and Technology

International Franchise Association 2024 Legal Symposium, Washington, DC

May 6, 2024

Sectoral Bargaining - US Style

US Chamber of Commerce Spring Labor Committee

May 3, 2024

The All of Government Regulation of Labor and Employment Issues and Other Washington Labor and Employment Matters

Big Sky, MT

August 10, 2023

WPI: The New Era of Divided Government: What are the Implications for Employers?

Littler Executive Employer Conference, Phoenix, AZ

May 11, 2023

Littler WPI Annual Labor Day Report

September 12, 2022

The Future of Work Forum

IEEE International Conference on Robotics and Automation (ICRA)

May 26, 2022

Labor and Employment Policy Developments in New York City and Beyond

New York, NY

May 25, 2022

WPI Insider Briefing: What to Expect in Year Two of the Biden Administration (and in the States!)

Littler Executive Employer Conference

May 5, 2022

What to Expect in Year Two of the Biden Administration: WPI’s Labor and Employment Outlook

February 23, 2022

The Biden Labor Agenda: What Lies Ahead

September 16, 2021

The Right to Recall: New Obligations for Employers in California and Beyond

April 27, 2021

Multiemployer Pension Relief: How the COVID-19 Relief Bill Impacts Employers

March 16, 2021

What to Expect in the Biden Administration and 117th Congress: WPI’s Labor and Employment Outlook

January 22, 2021

Tysons Corner Fall Mini Series: Elections Matter: An Update on the Impacts of the 2020 Election

Tysons Corner, VA

December 16, 2020

Proposition 22: California and Beyond

November 17, 2020

WPI Post-Election Update

November 6, 2020

A Littler Workplace Policy Institute Webinar: The "New" AB 5

August 27, 2020

Back to Work? How In-House Employment Counsel and Human Resources Professionals Can Help Organizations Assess Whether, When and How to Reopen for Business

April 27, 2020

COVID-19 in the Workplace: Compliance Challenges, Policy Options

April 10, 2020

WPI Breakfast Briefing - Update from the NLRB

Washington, DC

March 24, 2020

2019 Ohio Employer Conference

Cleveland, OH

October 10, 2019

It's NOT as Easy as A-B-C! Practical Tips for Doing Business in California Post AB 5

October 1, 2019

Staying Alive After AB5 - Can California Businesses Still ‘Depend’ on Independent Contractors?

August 8, 2019

2019 Puerto Rico Conference

San Juan, PR

April 12, 2019

The Latest Developments in Federal Labor Policy: A Workplace Policy Institute Briefing

April 9, 2019

2019 Philadelphia Regional Employer Conference

Philadelphia, PA

April 2, 2019

WPI Post-Election Update

Washington, DC

November 9, 2018

Workplace Policy Institute State of Play: An Inside Perspective on Labor and Employment Policy in Congress and the Federal Agencies

Littler Executive Employer, Phoenix, AZ

May 3, 2018

Retail Industry Roundtable

The 2017 Executive Employer® Conference, Phoenix, AZ

May 12, 2017

Healthcare Industry Roundtable

The 2017 Executive Employer® Conference

May 10, 2017

An Insider's View From the Capitol: A Workplace Policy Update

The 2017 Executive Employer® Conference

May 10, 2017

What Does a Trump Administration Mean for Employers?

New York, NY

March 2, 2017

The 2016 Election: What Does a Trump Victory Mean for Employers?

November 21, 2016

How Will the Election Matter to My Workplace

Irvine, CA

November 16, 2016

Littler’s 6th Annual Brewers Briefing 2016

Milwaukee, WI

September 7, 2016

Views from the Nation’s Capital: A Workplace Policy Update and Forecast

Minneapolis, MN

August 1, 2016

Retail Industry Roundtable

The 2016 Executive Employer® Conference, Scottsdale, AZ

May 6, 2016

Government Contractors Industry Roundtable

The 2016 Executive Employer® Conference, Scottsdale, AZ

May 6, 2016

Government Contracting: The Frontlines of Future Employment Policy

The 2016 Executive Employer® Conference

May 4, 2016

The DOL's Persuader Rule: What Impact Will It Have On Your Business?

April 29, 2016

2015 Midwest Employer Conference

Minneapolis, MN

October 29, 2015

What You Need to Know When Governor Brown Lays Down His Legislative Pen

October 13, 2015

Government Moving the Goalposts - Labor & Workplace Policy Changes - What do they mean for Franchising?

January 13, 2015

A Divided Congress No More: The 2014 Midterm Election and the New Republican Senate

November 20, 2014

For Those Still Doing Business in California…An Update of New California Employment Laws for 2015

October 7, 2014

The NLRB After Noel Canning: What's Ahead for the Ambush Election Rule, Employer Email Systems, the Joint Employer Relationship and Other Big Labor Issues?

July 1, 2014

Changing Of The Guard: The Impact of the NLRB's Reconsideration of the Register Guard Decision on Employers' Electronic Communications

May 28, 2014

Littler's Workplace Policy Institute™ – NLRB Ambush Election Rule: The Practical Impact on Employers

March 24, 2014

The Future of the Workforce: How the Robotics Revolution will Shape the Employment and Labor Law Landscape

Washington, DC

February 12, 2014

Littler's Workplace Policy Institute™ – Sacramento's Bumper Crop: New Labor and Employment Laws for Private Sector Employers

October 23, 2013

A Special Labor Day 2013 Report: Is Labor Poised For Rebirth?

September 11, 2013

The NLRB and the (Union Free) Employer: Strategic HR To The Rescue

Annual Conference - Society for Human Resource Management

June 18, 2013

Social Media and the NLRB: New Challenges for Union-Free Employers From An Unlikely Regulator

2013 Social Media Summit: The New Reality

Littler Mendelson, San Francisco, CA

April 10, 2013

Impact of the 2012 election on Labor, Employment and Benefits Law

National Law Review

December 6, 2012

The Impact of the 2012 Elections on Labor, Employment and Benefits Law

November 15, 2012

The Impact of the 2012 Elections on Labor and Employment Law

Ruiz Food Products, Inc.

October 18, 2012

Onboarding and the NLRA: Risks and Opportunities

HR.com

September 27, 2012

The Brinker and Kirby Decisions: Still No Free Lunch in California

Atlanta, GA

June 25, 2012

Impact on Business…Impact on HR

San Diego Society for Human Resource Management

January 16, 2012

Education

  • J.D., Villanova University School of Law, 1974
  • B.S., Villanova University, 1970

Bar Admission

California

Courts

  • U.S. Supreme Court
  • California Supreme Court
  • U.S. District Court, Central District of California
  • U.S. Court of Appeals, District of Columbia