Overview

As co-chair of Littler’s Workplace Policy Institute (WPI), Michael Lotito strategically advises clients and policy makers on what labor and employment law might become, not just what it is today. He provides counsel in all aspects of traditional labor relations, including matters arising under the National Labor Relations Act.

A nationally recognized thought leader on workplace policy, Michael has testified before the U.S. House of Representatives and the U.S. Senate, as well as the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC). In his WPI role, he advocates on behalf of the employer community on a variety of issues, regularly files amicus briefs on vital workplace policy concerns and is leading the management community in opposition to the federal persuader rule, which would destroy confidentially between lawyers and their clients.

Michael represents leading global companies on strategic issues impacting their workplaces, including the intersection of U.S. and international labor standards. He speaks throughout the world to management groups, sharing his passion for the development and implementation of workplace regulations that balance the legitimate needs of businesses, their workforce and society at large.

He is labor counsel to the International Franchise Association, the National Association of Manufactures’ legal compliance program, the Job Creators Network and a member of the U.S. Chamber of Commerce's labor and employment law litigation committee.

Michael has been recognized by Human Resource Executive magazine as one of the top 20 most powerful labor lawyers in the United States. Awarded an AV Preeminent Peer Review Rating by Martindale-Hubbell, he is frequently quoted by the media, including Bloomberg BNA, Law360, Forbes, Politico, The Wall Street Journal, CNBC, Fox Business Network and The Hill, among others. He maintains a significant social media presence and can be followed on LinkedIn and Twitter.

The Villanova University Human Resource Development Program named him HR Alumnus of the 20th Century.

Professional & 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

Top 20

Human Resource Executive / Lawdragon Inc.

2013-2016

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

2010-2016

Named, Readers’ Choice Top Author

JD Supra

2016

Named, Recommended Lawyer

Labor Management Relations

Legal 500 United States

2016

News, Analysis & Press

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

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

DOL Issues Union 'Persuader Rule’

The Hill

March 23, 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

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

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

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

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

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

2015 Midwest Employer Conference

Minneapolis, MN

October 29, 2015

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
  • U.S. Court of Appeals, District of Columbia