Overview

Michael J. Lotito is the co-chair of the firm’s Workplace Policy Institute that provides advocacy services for clients, associations, and policy leaders on all workplace concerns. In addition, he practices all aspects of traditional labor relations, including matters arising under the National Labor Relations Act. He has extensive experience in advising clients how to combat the new technique of national and international corporate campaigns labor unions have used to increase their membership. Michael co-authored “Corporate Campaigns Globalize” for The Executive Counsel (August-September 2011). He spoke about the topic to the Association of Corporate Counsel 2011 Annual Conference.

Michael is one of the nation’s leading authorities on preventive strategies in the workplace.  He has served as lead counsel for some of the country’s largest corporations, helping them develop and implement business, legal, and preventive strategic solutions to labor and employment issues. Michael regularly assists clients in conducting internal and external vulnerability assessments to create stronger organizations which also help to pre-empt union organizing.

He advises organizations on all matters affecting the employer-employee relationship such as conflict resolution, alternate dispute resolutions, and equal employment opportunity concerns. He has testified before the U. S. Senate and House of Representatives, as well as the Equal Employment Opportunity Commission. His testimony in July 2011 before the U. S. House Education and the Workforce Committee highlighted the need to eliminate rulemaking changes that would shorten the National Labor Relations Board election period. Michael has addressed other emerging workplace issues on behalf of a variety of trade associations submitting amicus briefs and extensive comments to proposed rules including those under the Labor Management Reporting and Disclosure Act (LMRDA).

A former Chair of the Society for Human Resource Management (SHRM), he is recognized with a lifetime Senior Professional in Human Resources (SPHR) certification. A noted speaker and presenter, Michael addresses an extensive variety of management groups including boards of directors, company executives, managers and supervisors, and trade association representatives. He has trained literally thousands of managers and supervisors over the course of his career. He has spoken before a wide variety of audiences throughout the U. S. and world, including Germany, Taiwan, and South Africa. He is frequently quoted in the media in such publications as The Wall Street Journal, New York Times, Forbes, BusinessWeek, Washington Post, Boston Globe, Los Angeles Times, National Law Journal, Harvard Business Review, and major television and cable news programs. He has authored articles for many respected publications, including HR Magazine, Human Resources Executive, and ACC Docket, published by the Association of Corporate Counsel. His most recent thought leadership piece for the ACC Docket appeared in the April, 2012 edition which deals with the globalization of labor relations.

Professional and Community Affiliations

Member

Labor and Employment Case Selection Committee

National Chamber Litigation Center

Member

Labor Relations Committee

U.S. Chamber of Commerce

Member

Employee Benefits Committee

U.S. Chamber of Commerce

Chair

Labor Relations Issues Sub-Committee, Tort and Insurance Practice Section

American Bar Association

Vice-Chair

Employment Law and Litigation Committee, Tort and Insurance Practice Section

American Bar Association

Member

Society of Human Resource Management

Former Chair, Board of Directors

Society of Human Resource Management

Former Chair

National Legislative Affairs Committee

Society of Human Resource Management

Member

Employee and Labor Relations Committee

Society of Human Resource Management

Former Member, Board of Directors

Sterling Testing Systems

Fellow

American Bar Foundation

Member

State Bar of California

Member

International Bar Association

Former Chair

Marin Catholic Board of Regents

Recognition

Named, Nations' Most Powerful Employment Attorneys

Human Resource Executive / Lawdragon Inc.

2013 and 2014

Named, Vistage 200

Recipient, Human Resource Alumnus of 20th Century

Human Resource Development Program

Villanova University

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Named, Management Labour and Employment

Who’s Who Legal

Named, Super Lawyer

Northern California

Super Lawyers

2010-2014

Publications & Press

NLRB releases joint employer memo

In the News

May 13, 2015

NLRB Takes On Right-To-Work

In the News

April 16, 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

A New “Fact Sheet” For Franchises at the NLRB

Franchising World

2015

NLRB continues to issue pro-union rulings

In the News

December 15, 2014

NLRB Issues its "Ambush" Election Rule

ASAPs

December 12, 2014

Morning Shift

In the News

November 20, 2014

Labor Pained by High Court

In the News

September 24, 2014

Who’s the boss?

In the News

September 6, 2014

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

In the News

September 5, 2014

Protests Seek to Replicate Success in Seattle

In the News

September 4, 2014

Unions open coffers as Senate teeters

In the News

September 1, 2014

Another reason business hates Obama

In the News

August 4, 2014

Breaking Down the Latest EO

In the News

August 1, 2014

Workload threatens to paralyze labor board

In the News

July 13, 2014

New Overtime Rules Big Deal for HR

In the News

June 23, 2014

Up in arms over union ‘persuader’ rule

In the News

February 12, 2014

Revamping the ‘Advice Exemption’

In the News

February 11, 2014

Supreme Court decisions may affect compliance

In the News

December 30, 2013

Perez presses Congress on unemployment extension

In the News

December 21, 2013

New NLRB GC Has Corporate Counsel Guessing

In the News

October 31, 2013

Law Firms Brace For Final DOL Persuader Rules

In the News

October 31, 2013

HR and the Supreme Court

In the News

October 30, 2013

Obama Labor-Board Nominee Confirmed by Senate

In the News

October 29, 2013

Experts: Fight over ACA is just beginning

In the News

October 17, 2013

Report on AFL-CIO Convention: Day 2

ASAPs

September 10, 2013

Report on AFL-CIO Convention: Day 1

ASAPs

September 9, 2013

Supreme Court to Review Union Case

The Wall Street Journal

June 25, 2013

Breaking Down The EEOC's Plan

In the News

March 12, 2013

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

Committee News

American Bar Association (ABA)

Spring 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

Laboring for the Advantage

In the News

February 1, 2013

Five issues to watch in labor and employment

In the News

January 21, 2013

Michigan Rolls Up Welcome Mat for Unions

In the News

December 13, 2012

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

In the News

December 12, 2012

Election Brings Clarity to HR Agenda

In the News

November 7, 2012

The NLRB Flexes its Muscles

In the News

August 1, 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 and 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

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 and Employment Law

Ruiz Food Products, Inc.

October 18, 2012

Onboarding and the NLRA: Risks and Opportunities

HR.com

September 27, 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