Michael J. Lotito

Aug 11, 2024 | mondaq.com | Bradford Kelley |Michael J. Lotito

As leaders work with their teams and HR departments to develop political speech policies and enforcement strategies, here are key steps to consider. From an assassination attempt to an eleventh-hour change in nominee, the 2024 U.S. presidential election is shaping up to be one of the most consequential, hectic and controversial in living memory. It's creating headaches for CEOs, too.

Aug 2, 2024 | chiefexecutive.net | Bradford Kelley |Michael J. Lotito

From an assassination attempt to an eleventh-hour change in nominee, the 2024 U.S. presidential election is shaping up to be one of the most consequential, hectic and controversial in living memory. It’s creating headaches for CEOs, too. Littler’s 2024 Annual Employer Survey Report found that, even early in the year, 87% of employers were already concerned with managing divisive political and social beliefs among their employees leading up to the election. It’s clear why.

Jul 3, 2024 | mondaq.com | Michael J. Lotito |Alexander MacDonald

The Supreme Court issued four decisions narrowing agencies' power to make policy through formal rulemaking and adjudication. In the short term, these decisions could make it harder for agencies to defend major rules on overtime, joint employment, prevailing wages, pregnancy accommodation and noncompete agreements. In the long run, the decisions could push agencies to make policy in other ways, such as strategic lawsuits and informal guidance.

Jul 2, 2024 | jdsupra.com | Michael J. Lotito |Alexander MacDonald

The Supreme Court issued four decisions narrowing agencies’ power to make policy through formal rulemaking and adjudication. In the short term, these decisions could make it harder for agencies to defend major rules on overtime, joint employment, prevailing wages, pregnancy accommodation and noncompete agreements. In the long run, the decisions could push agencies to make policy in other ways, such as strategic lawsuits and informal guidance.

Jul 1, 2024 | jdsupra.com | Michael J. Lotito |Alexander MacDonald

On Friday, June 28, the U.S. Supreme Court overruled Chevron, USA Inc. v. Natural Resources Defense Council. Chevron often required courts to defer to federal agencies when those agencies were interpreting statutes they administer. Because of today’s decision, courts will no longer defer. Instead, they will give statutes their “best” interpretation. That means agencies—including labor and employment agencies—will have less leeway to write broad rules.