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 & Community Affiliations


Labor and Employment Case Selection Committee

National Chamber Litigation Center


Labor Relations Committee

U.S. Chamber of Commerce


Employee Benefits Committee

U.S. Chamber of Commerce


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

American Bar Association


Employment Law and Litigation Committee, Tort and Insurance Practice Section

American Bar Association


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


Employee and Labor Relations Committee

Society of Human Resource Management

Former Member, Board of Directors

Sterling Testing Systems


American Bar Foundation


State Bar of California


International Bar Association

Former Chair

Marin Catholic Board of Regents


Named, Nations' Most Powerful Employment Attorneys

Top 20

Human Resource Executive / Lawdragon Inc.


Named, Vistage 200

Recipient, Human Resource Alumnus of 20th Century

Human Resource Development Program

Villanova University

Awarded, AV® Peer Review Rating


Named, Management Labour and Employment

Who’s Who Legal

Named, Super Lawyer

Northern California

Super Lawyers


Publications & Press

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


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


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


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


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


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


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


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


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


December 9, 2013

New NLRB GC Has Corporate Counsel Guessing

Corporate Counsel

October 31, 2013

Law Firms Brace For Final DOL Persuader Rules


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


September 10, 2013

Report on AFL-CIO Convention: Day 1


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


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?


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

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


September 27, 2012

Impact on Business…Impact on HR

San Diego Society for Human Resource Management

January 16, 2012


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

Bar Admission



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