Tammy McCutchen was a principal in Littler Mendelson’s Washington D.C. office, and also served as VP & Managing Director, Strategic Solutions for ComplianceHR. She is a leading authority on federal and state wage-hour laws and prevailing wage laws.
At Littler, Ms. McCutchen counseled businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represented employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. In her role at ComplianceHR, Ms. McCutchen provided strategic direction for the company and manages development of compliance applications designed to assist employers in making key employment decisions including whether to classify workers as independent contractors or exempt from overtime.
Before joining Littler, Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, and was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Ms. McCutchen is on the Editorial Advisory Board of Law360, is a member of the Small Business Legal Advisory Board of the National Federation of Independent Business, is a Policy Fellow at the ACU Foundation, and serves as Chair of the Federalist Society’s Labor & Employment Practice Group.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law.
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Deep Dive Episode 48 – The Wage & Hour Trifecta: DOL Proposals on Overtime Exemptions, the Overtime Calculations, and Joint Employment
Tammy McCutchen discusses the Department of Labor’s recently published proposals to revise the FLSA regulations on joint employment, overtime exemptions, and the regular rate/overtime calculation.Listen to this podcast
On March 7, 2019, the Wage and Hour Division of the U.S. Department of Labor, through its Acting Administrator Keith Sonderling, published the long-awaited Notice of Proposed Rulemaking (NPRM) to revise the “white collar” overtime exemption regulations.Read this article
On March 28, 2019, the U.S. Department of Labor (DOL) released a proposed rule to amend the regulations at 29 CFR Part 778 to clarify and update the “regular rate” requirements under section 7(e) of the Fair Labor Standards Act (FLSA), 29 USC §207(e), focusing on the types of compensation and benefits that employers must include in the overtime calculation.Read this article