Overview

A former administrator of the wage and hour division at the U.S. Department of Labor, Tammy D. McCutchen is a leading authority on federal and state wage and hour laws who now represents and counsels management clients in connection with all types of labor and employment matters. She focuses her practice on:

  • Compliance with the Fair Labor Standards Act and state wage-hour laws
  • Conducting audits of overtime exemption classifications, non-exempt pay practices and independent contractor status
  • Implementing compliance programs designed to avoid wage and hour disputes and lower potential litigation liabilities
  • Representing employers being investigated by the DOL's Wage and Hour Division and similar state agencies

She also regularly serves as a consulting or testifying expert witness in wage-hour collective and class actions.

Additionally, Tammy represents and counsels clients on:

  • The Family and Medical Leave Act
  • The Service Contract Act
  • The Davis Bacon Act
  • The Migrant and Seasonal Worker Protection Act
  • Worker protections in federal immigration laws
  • Reasonable accommodation under the Americans with Disabilities Act
  • Federal and state discrimination laws
  • Affirmative action and prevailing wage requirements for government contractors

She appears before state and federal courts, the Equal Employment Opportunity Commission, the DOL, and state agencies.

A frequent speaker, Tammy has lectured about wage and hour issues before trade associations, business organizations, and human resource groups. Most frequently, she works with clients in the following industries:

  • Retail
  • Restaurant
  • Hospitality
  • Janitorial
  • Security
  • Manufacturing
  • Insurance
  • Accounting
  • Healthcare

Tammy is co-chair of Littler Mendelson's Compliance Audit Services Practice Group and a core member of the Wage and Hour Practice Group. She also is the primary architect of the firm's AuditQB software tool for conducting employment compliance audits. 

While at the DOL from 2001 to 2004, Tammy was responsible for enforcing, setting policy and preparing regulations for some of the country's most comprehensive labor laws, including:

  • The Fair Labor Standards Act
  • The Family and Medical Leave Act
  • The Davis-Bacon Act
  • The McNamara-O'Hara Service Contract Act
  • The Medicare Secondary Payer Act

She managed the annual budget and 1,400 employees, represented by two unions, in more than 250 offices across the country. She was a primary architect of the first major changes to DOL overtime regulations in 50 years and, under her leadership, the DOL increased enforcement by 60% in two years, while collecting millions of dollars in back wages.

Before working at the DOL, Tammy was senior counsel at a global chocolate corporation, where she provided counseling on labor and employment matters involving employees at corporate headquarters, field sales offices, and manufacturing plants located in the United States, Canada and Mexico. She was responsible for:

  • Managing employment litigation
  • Advising the company on collective bargaining and labor arbitration issues
  • Managing the preparation and implementation of affirmative action plans
  • Providing assistance to the Diversity Council
  • Conducting training for managers on recognizing and responding to discriminatory harassment

Tammy also clerked for Judge Daniel A. Manion on the United States Court of Appeals for the Seventh Circuit and practiced law in Chicago for eight years.

Professional & Community Affiliations

Member

Labor and Employment Law Section

American Bar Association

Member

Editorial Advisory Board

Law360

2013, 2017-2018

Chair

Labor and Employment Practice Group

Federalist Society

Member

Small Business Legal Advisory Board

National Federation of Independent Business

Recognition

Named, The Best Lawyers in America©

2018

Named, America’s Leading Lawyers for Business

Chambers USA

2012-2017

Order of the Coif

News, Analysis & Press

Federal Overtime Rule Changes Are Coming

SHRM Online

May 11, 2018

Overtime Threshold Will Rise to Mid-30,000s, Attorneys Say

Bloomberg BNA Daily Labor Report

March 15, 2018

DOL: Opinion Letters Are Back!

ASAP

June 27, 2017

Top 10 Payroll Mistakes

Employee Benefit News

June 22, 2017

Changes May Be in Store for Overtime Rule, FLSA

HR Daily Advisor

March 16, 2017

Fear of Immigration Raids May Harm Workplace Rights

Bloomberg BNA Daily Labor Report

March 1, 2017

Fast-Food Industry Stuck on Franchisee Training Issue

Bloomberg BNA Daily Labor Report

October 11, 2016

Obama Wage Enforcers' Top Targets: Subway, McDonald’s, Dunkin’

Bloomberg BNA Daily Labor Report

September 1, 2016

The DOL’s New Overtime Regulations

Today’s General Counsel

August 1, 2016

Democrat Pushes Rider to Block NLRB's Joint Employer Ruling

Bloomberg BNA Daily Labor Report

June 21, 2016

Tips for Tackling the New Overtime Rule

Modern Distribution Management

June 20, 2016

Morning Shift

Politico

May 20, 2016

OT Rule Poses Challenges

HR Executive Online

May 19, 2016

Overtime Pay For Millions More Workers

The Atlantic

May 18, 2016

Overtime Pay May Become Reality for More U.S. Workers

The Associated Press

May 17, 2016

GOP Recruiting Democrats for Bill to Block Overtime Rule

Bloomberg BNA Labor & Employment Law Resource Center

May 11, 2016

New Overtime Rules May Take Effect in Mid-July, McCutchen Says

Bloomberg BNA Daily Labor Report

April 14, 2016

Obama’s HR Legacy

Human Resource Executive

March 24, 2016

Overtime Rules Pose Massive Challenges for Employers

Employee Benefits News

March 16, 2016

Overtime Rule Advances Toward Publication

SHRM Online

March 15, 2016

A November Overtime Surprise from the DOL?

Bloomberg BNA

March 14, 2016

WHD Stats Tell Mixed Story on Enforcement Success

Bloomberg BNA

January 26, 2016

Ex WHD Chief: Employers Must Prepare for DOL Independent Contractor Approach

Bloomberg BNA Daily Labor Report

October 30, 2015

Guest Column: Anticipating Changes to Overtime Regs

Portland Business Journal

October 2, 2015

Meet the overtime elite

Politico

August 4, 2015

Where the human resource worries reside

Fleet Owner

July 17, 2015

The Top 10 Quotes from HR’s Biggest Conference of the Year

Business Management Daily

July 1, 2015

Obama swings left with overtime regs

The Hill

June 30, 2015

Special Report with Brett Baier

Fox News

6/30/2015

Overtime Proposed Rule Could Wreak Havoc

Society For Human Resource Management

June 29, 2015

Supreme Court Sides with Labor Department In ‘Rulemaking’ Challenge

Thomson Reuters Westlaw Journal

March 31, 2015

Labor Department wins at SCOTUS

Politico

March 10, 2015

Supreme Court Sides with DOL on Change to FLSA Interpretation

Society for Human Resource Management (SHRM)

March 10, 2015

FLSA Proposed Rule Delayed

Society for Human Resource Management (SHRM)

November 3, 2014

New Overtime Rules Big Deal for HR

Society for Human Resource Management (SHRM)

June 23, 2014

Concerns Over Overtime

Human Resource Executive Online

April 15, 2014

David Weil as Wage and Hour Administrator

Society for Human Resource Management (SHRM)

March 31, 2014

Employers must prepare for overtime overhaul

Corporate Secretary

March 18, 2014

Tommy, overtime rule change?

WWL-AM 870

March 14, 2014

Obama overtime plan already stirring controversy

Associated Press

March 14, 2014

What the new overtime rules mean for me

CNBC.com

March 13, 2014

Obama orders overtime rule changes

USA Today

March 13, 2014

Obama Tackles Overtime

Human Resource Executive Online

March 13, 2014

Obama to Direct Overtime Expansion Under Labor Law to Promote Wage Agenda

Bloomberg BNA Daily Labor Report

March 13, 2014

The President Goes to Overtime

Wall Street Journal

March 12, 2014

No Pay for Donning/Doffing Safety Gear, Supreme Court Says

Society for Human Resource Management (SHRM)

January 28, 2014

Justices 5-4 Reject Labor Department View, Find Pharmaceutical Sales Reps FLSA-Exempt

Bloomberg BNA Daily Labor Report

June 18, 2012

SCOTUS Overtime & Implications

Washington Legal Foundation

June 5, 2012

Snow Days

ASAP

January 13, 2011

Books & Book Chapters

  • "29 C.F.R. Part 541", U.S. Department of Labor, 2004

Speaking Engagements

Audits

Littler Executive Employer, Phoenix, AZ

May 4, 2018

Misclassification

Littler Executive Employer, Phoenix, AZ

May 4, 2018

Understanding the DOL’s PAID Program: What it Means and How to Self-Audit for Compliance Success

Littler Executive Employer, Phoenix, AZ

May 3, 2018

Working on Overtime: A Wage and Hour Update

SHRM Employment Law and Legislative Conference, Washington, D.C.

March 12, 2018

Artificial Intelligence—Legal Implications of Taking the “Human” Out of Human Resources

2017 Staffing World, Chicago, IL

October 25, 2017

Courthouse Steps: DOL Overtime Rule

Federalist Society Teleforum

September 5, 2017

Top 10 Wage & Hour Mistakes

SHRM Annual Conference & Expo, New Orleans, LA

June 18, 2017
2017 Mid-Atlantic Employer Conference

Washington, DC

June 6, 2017

The Department of Labor: A Look Ahead

The 2017 Executive Employer® Conference

May 11, 2017
Second Annual Puerto Rico Conference

Hato Rey, PR

August 18, 2016
2016 Mid-Atlantic Employer Conference

Washington, DC

June 7, 2016
DOL Issues Final Overtime Rule - May 26

May 26, 2016
DOL Issues Final Overtime Rule - May 23

May 23, 2016
DOL Issues Final Overtime Rule - May 20

May 20, 2016
DOL Issues Final Overtime Rule - May 19

May 19, 2016

Preparing for Change: Revisions to the FLSA Overtime Regulations

The 2016 Executive Employer® Conference, Scottsdale, AZ

May 5, 2016

The Independent Worker Proposal: Finding a Middle Ground Between Employee and Independent Contractor

The 2016 Executive Employer® Conference

May 4, 2016
Countdown to Overtime: Are You Ready?

April 14, 2016
DOL's Proposed Changes to the White Collar Regulations: What Should Employers Do Now?

Anchorage, AK

February 17, 2016
Working on Overtime: Preparing for DOL’s Changes to the FLSA Overtime Regulations

February 9, 2016
Working on Overtime: Preparing for DOL’s Changes to the FLSA Overtime Regulations

January 27, 2016
Ready or Not…Changes to the White Collar Regulations Expected in 2016: What Should Employers Do Now?

Pittsburgh, PA

January 26, 2016
Independent Contractors, Joint Employers and the Unintended Employment Relationship

Tysons Corner, VA

December 16, 2015
DOL's Proposed Changes to the White Collar Regulations: What Should Employers Do Now?

Portland, OR

November 4, 2015
Independent Contracting Under Attack: Navigating the Classification and Compliance Challenge

October 30, 2015
DOL's Proposed Changes to the White Collar Regulations: What Should Employers Do Now?

Tysons Corner, VA

September 23, 2015
Proposed Changes to the Overtime Regulations

July 1, 2015
New Year, New Focus: Our Suggested Top HR Resolutions for 2015 (including a few targeting government contractors)

Tysons Corner, VA

December 16, 2014
Department of Labor Revises Federal Overtime Regulations

April 2, 2014
The Disappearing Companionship Exemption: How is the Home Health Industry Responding to its Elimination for Home Care Workers

November 14, 2013
Understanding and Responding to the U.S. DOL's Investigation Initiative Targeting the Construction Industry

February 7, 2012
Are You Complying with the Recent FLSA Tip Credit Regulation Changes?

July 14, 2011
The New DOL Regulations Take Effect May 5, 2011 - Are You Ready?

May 4, 2011
Emerging Wage-Hour Class Action Threat Breakfast

Columbus, OH

April 28, 2010
ACC Annual Meeting

October 19, 2009
Labor and Employment Law Priorities Under the New Administration

December 2, 2008
The 2008 Pennsylvania Employer

Pittsburgh, PAPhiladelphia, PA

October 1, 2008
Open House Celebration of Littler Mendelson’s New Seattle Office

Seattle, WA

September 19, 2008
Compliance Solutions from the Boardroom to the Courtroom

Tysons Corner, VA

April 26, 2007

Education

  • J.D., Northwestern University School of Law, 1990cum laude
  • B.A., Western Illinois University, 1987summa cum laude

Bar Admission

District of Columbia
Illinois