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
- 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
- Former chair, National Legislative Affairs Committee
- Member, Employee and Labor Relations Committee
- 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, Vistage 200
- Recipient, Human Resource Alumnus of 20th Century, Human Resource Development Program - Villanova University
- Awarded, Martindale-Hubbell AV® Peer Review Rating
- Named, Management Labour and Employment – Who’s Who Legal
- Named, Super Lawyers - Northern California, 2010, 2011 and 2012
PUBLICATIONS AND PRESS
- May 17, 2013Law360.com
- May 14, 2013Law360.com
- May 9, 2013Littler Report
- April 25, 2013Law360.com
- April 12, 2013Industry Week
- April 12, 2013Law360.com
- April 10, 2013Daily Journal
- March 15, 2013Law360.com
- March 12, 2013Human Resource Executive
- March 2013The 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
Co-author: Jonathan Wilson and Adam PetersFLASH Newsletter, Section of Labor and Employment Law - American Bar Association - Spring 2013Michael Lotito to Discuss the Catch 22 of the Labor Management Reporting and Disclosure ActCommittee News, American Bar Association (ABA)
- February 20, 2013Workforce Management
- February 20, 2013Law360.com
- February 14, 2013Law360.com
- February 1, 2013Corporate Counsel
- January 25, 2013Law360.com
- January 24, 2013Los Angeles Times
- January 21, 2013The National Law Journal
- January 4, 2013Littler ASAP
- January 2, 2013Littler ASAP
- December 13, 2012Society for Human Resource Management (SHRM)
- December 12, 2012Law360.com
- November 12, 2012Littler Press Release
- November 8, 2012Corporate Counsel
- November 7, 2012Human Resource Executive Online
- November 7, 2012Littler ASAP
- October 19, 2012The Hill
- October 5, 2012Forbes.com
- August 1, 2012HR Magazine
- July 11, 2012TLNT
BLOG ENTRIES
- Employment Law Update, April 12, 2013
- Employment Law Update, April 9, 2013
- Employment Law Update, March 28, 2013
- Employment Law Update, March 26, 2013
- Employment Law Update, March 21, 2013
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
- June 18, 2013The NLRB and the (Union Free) Employer: Strategic HR To The Rescue
Annual Conference - Society for Human Resource Management - April 10, 2013Social 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 - December 6, 2012Impact of the 2012 election on Labor, Employment and Benefits Law
National Law Review - November 15, 2012The Impact of the 2012 Elections on Labor, Employment and Benefits Law
Littler Mendelson Webinar - October 18, 2012The Impact of the 2012 Elections on Labor and Employment Law
Ruiz Food Products, Inc. - September 27, 2012Onboarding and the NLRA: Risks and Opportunities
HR.com - June 25, 2012The Brinker and Kirby Decisions: Still No Free Lunch in California
2012 Annual Conference and Exposition - Society for Human Resource Management, Atlanta, GA - January 16, 2012Impact on Business…Impact on HR
San Diego Society for Human Resource Management