Tammy McCutchen
Tammy McCutchen
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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Contributions
A New Dawn of Workplace Regulation: The Gig Economy
This documentary explores the historical evolution of worker classification, tracking the changes in the DOL’s rules during both the Trump and Biden administrations and examining different actions at the state level.
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COVID Vaccination Mandate?
Tammy McCutchen
Labor law expert Tammy McCutchen lays out the considerations private firms must account for when deciding whether to institute a mandatory vaccination policy.
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Deep Dive Episode 124 – Labor Law Compliance Issues Posed by COVID-19
This live podcast examines federal and state labor and employment issues caused by COVID-19 and reviews options for employers to consider.
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The NLRB and Weaponization of Recusal Motions
Tammy McCutchen
National Labor Relations Board member William Emmanuel has been under attack almost immediately after and continuously since he landed at the NLRB.
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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.
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DOL Issues Proposed Rule on Joint Employment
Tammy McCutchen
After over two years of regulatory inactivity, the DOL’s Wage and Hour Division appears to be rushing to complete its regulatory agenda before the 2020 presidential election season.
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Department of Labor Proposes to Increase Minimum Salary for “White Collar” Overtime Exemptions
Tammy McCutchen
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.
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DOL Releases a Proposed Rule to Clarify the Types of Compensation in the Overtime Calculation
Tammy McCutchen
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.
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OSHA Drones in the Workplace?
Tammy McCutchen
Yes, your friendly neighborhood OSHA inspector is now authorized by the Labor Department “to use camera-carrying drones as part of their inspections of outdoor workplaces.”
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The Truth about DOL’s Tip Pooling Proposal
Tammy McCutchen
“Employee advocates” are objecting to the DOL’s tip pooling proposal, but one wonders why they are advocating for front-of-the-house employees at the expense of back-of-the house workers.
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