Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Partner, Morgan, Lewis & Bockius LLP
Philip A. Miscimarra is the former Chairman of the National Labor Relations Board (NLRB). Phil leads the firm’s NLRB special appeals practice and is co-leader of Morgan Lewis Workforce Change, which manages all employment, labor, benefits, and related issues arising from mergers, acquisitions, startups, workforce reductions, and other types of business restructuring. He represents clients on a wide range of labor and employment issues, with a focus on labor-management relations, business acquisitions and restructuring, and employment litigation. Phil is also a Senior Fellow at the University of Pennsylvania's Wharton School and the Wharton Center for Human Resources. He is admitted in Illinois only, and his practice is supervised by DC Bar members.
Phil was named Chairman of the NLRB by President Donald J. Trump on April 24, 2017, after previously serving as Acting Chairman and a Board Member. He was appointed to the NLRB by President Barack Obama on April 9, 2013, and was approved unanimously by the Senate Committee on Health, Education, Labor, and Pensions on May 22, 2013. He was confirmed by voice vote in the US Senate on July 30, 2013, and served from August 7, 2013, to December 16, 2017. Upon the completion of his term, Phil served on the NLRB longer than 26 other board members over the past 30 years.
Phil is the author or co-author of several books involving labor law issues, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman, Callahan, Conrad, Lignowski and Scroggins); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); and Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); and other publications. He has also testified on labor and employment law issues in the United States Congress.
Chambers USA named Phil one of the leading lawyers for employment law in the United States from 2004 to 2012, based on the views of clients, peers, and other industry professionals. He has been described as a "fantastic lawyer" and "prolific writer," with clients admiring his "multilayered abilities and business savvy" and his "high level of integrity."
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Partner, Morgan, Lewis & Bockius LLP
Philip A. Miscimarra is the former Chairman of the National Labor Relations Board (NLRB). Phil leads the firm’s NLRB special appeals practice and is co-leader of Morgan Lewis Workforce Change, which manages all employment, labor, benefits, and related issues arising from mergers, acquisitions, startups, workforce reductions, and other types of business restructuring. He represents clients on a wide range of labor and employment issues, with a focus on labor-management relations, business acquisitions and restructuring, and employment litigation. Phil is also a Senior Fellow at the University of Pennsylvania's Wharton School and the Wharton Center for Human Resources. He is admitted in Illinois only, and his practice is supervised by DC Bar members.
Phil was named Chairman of the NLRB by President Donald J. Trump on April 24, 2017, after previously serving as Acting Chairman and a Board Member. He was appointed to the NLRB by President Barack Obama on April 9, 2013, and was approved unanimously by the Senate Committee on Health, Education, Labor, and Pensions on May 22, 2013. He was confirmed by voice vote in the US Senate on July 30, 2013, and served from August 7, 2013, to December 16, 2017. Upon the completion of his term, Phil served on the NLRB longer than 26 other board members over the past 30 years.
Phil is the author or co-author of several books involving labor law issues, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman, Callahan, Conrad, Lignowski and Scroggins); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); and Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); and other publications. He has also testified on labor and employment law issues in the United States Congress.
Chambers USA named Phil one of the leading lawyers for employment law in the United States from 2004 to 2012, based on the views of clients, peers, and other industry professionals. He has been described as a "fantastic lawyer" and "prolific writer," with clients admiring his "multilayered abilities and business savvy" and his "high level of integrity."
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Labor-Management Relations Consultant, People Results
Rebecca Dormon is an experienced traditional labor and employment law specialist with over 25 years of experience managing and supervising employees. She is well-versed in training managers, supervisors, employees, and outside parties on various aspects of labor relations and labor law, and has successfully negotiated agreements between employers and unions. Rebecca is also skilled at engaging with employees to identify low morale issues or other problems, and helping employers develop programs or other solutions to proactively address employees’ issues with managers and other aspects of their workplace.
Shareholder, Littler
Bradford J. Kelley has a broad practice representing employers in employment anti-discrimination and wage and hour matters. He focuses on advising clients about emerging technologies, including artificial intelligence (AI), and their impact in the workplace.
Brad is an internationally recognized workplace AI authority. He advises clients on how to maximize the benefits of using AI in the workplace while minimizing potential legal and business risks. His deep background in this area provides employers with the tools and insights they need to develop, deploy, and monetize AI and other emerging technologies to bolster business operations and efficiency.
Judge, United States Court of Appeals, Sixth Circuit
Judge Readler earned his undergraduate and law degrees from the University of Michigan. After graduating, he served as a law clerk to Judge Alan Norris of the United States Court of Appeals for the Sixth Circuit. Judge Readler then began practicing law in the Columbus office of the international law firm Jones Day, eventually spending ten years as a partner in the firm’s Issues and Appeals Practice Group. While at Jones Day, Judge Readler appeared in state and federal trial and appellate courts around the country, most frequently the Supreme Court of Ohio and the Sixth Circuit. Judge Readler also successfully argued before the United States Supreme Court in McQuiggin v. Perkins on behalf of an inmate claiming actual innocence. His other pro bono representations include representing capital defendants before the Tenth Circuit and the Supreme Court of Ohio, as well as representing defendants sentenced to life in prison before the Sixth Circuit. While at Jones Day, Judge Readler traveled to Nairobi with Lawyers Without Borders to train Kenyan lawyers in prosecuting domestic violence cases, and he was also a recipient of the American Marshall Memorial Fellowship awarded by the German Marshall Fund of the United States. Following his career in private practice, Judge Readler served as Acting Assistant Attorney General for the Civil Division of the United States Department of Justice from 2017 to 2019. In that role, Judge Readler led and supervised over 1,000 lawyers in the Department’s largest litigating division, briefing and arguing several cases on behalf of the United States in federal courts across the country, including high-profile cases significant to the Administration and the Department. In March 2019, Judge Readler was confirmed to serve as a Circuit Judge on the Sixth Circuit. He resides in Columbus.
Deputy Secretary of Labor, U.S. Department of Labor
Keith E. Sonderling was confirmed by the U.S. Senate on March 12, 2025 to be the 38th United States Deputy Secretary of Labor.
As the United States Deputy Secretary of Labor, Sonderling is the second-highest-ranking official and serves as the Department's Chief Operating Officer, overseeing the agency’s $14 billion dollar budget and 16,000 employees. The Deputy Secretary oversees key operational functions such as: strategic planning; budget formulation; financial management; information technology; and human resource management. Additionally, the Deputy Secretary provides the leadership and management of DOL’s agencies necessary to support the Secretary and the Department’s mission.
Prior to becoming Deputy Secretary, he was previously confirmed by the United States Senate to serve as the Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) from September 2020 until August 2024. He also served as the Commission’s Vice-Chair from 2020-2021.
During his tenure at the EEOC, one of Sonderling’s highest priorities was ensuring that artificial intelligence and workplace technologies are designed and deployed consistent with long-standing laws. He published numerous articles on the benefits and potential harms of using artificial intelligence-based technology in the workplace and spoke globally on artificial intelligence’s impact on the workplace.
Sonderling previously served at the US Department of Labor as the Acting and Deputy Administrator of the U.S. Department of Labor’s Wage and Hour Division from 2017-2020. During his tenure, the Division accomplished back-to-back record-breaking enforcement collections and educational outreach events. Sonderling also oversaw the development and publication of large-scale deregulatory rules and authored numerous Opinion Letters, Field Assistance Bulletins, and All Agency Memorandums. Additionally, he was instrumental in developing the Division’s first comprehensive self-audit program, which collected more than $7 million for nearly eleven thousand workers.
Before his government service, Sonderling was a partner at one of Florida’s oldest and largest law firms, Gunster. At Gunster, he counseled employers and litigated labor and employment disputes. In 2012, then-Governor Rick Scott appointed Sonderling to serve as the Chair of the Judicial Nominating Committee for appellate courts in South Florida. Sonderling was also active in the community, serving on the Board of Directors for Morse Life Health System, the Boca Raton Chamber of Commerce, and Leadership Florida.
Sonderling also serves as a Professional Lecturer in the Law (Adjunct Professor) at George Washington University Law School, teaching employment discrimination.
Sonderling received his B.S., magna cum laude, from the University of Florida and his J.D., magna cum laude, from Nova Southeastern University.
Labor-Management Relations Consultant, People Results
Rebecca Dormon is an experienced traditional labor and employment law specialist with over 25 years of experience managing and supervising employees. She is well-versed in training managers, supervisors, employees, and outside parties on various aspects of labor relations and labor law, and has successfully negotiated agreements between employers and unions. Rebecca is also skilled at engaging with employees to identify low morale issues or other problems, and helping employers develop programs or other solutions to proactively address employees’ issues with managers and other aspects of their workplace.
Judge, United States Court of Appeals, Sixth Circuit
Judge Readler earned his undergraduate and law degrees from the University of Michigan. After graduating, he served as a law clerk to Judge Alan Norris of the United States Court of Appeals for the Sixth Circuit. Judge Readler then began practicing law in the Columbus office of the international law firm Jones Day, eventually spending ten years as a partner in the firm’s Issues and Appeals Practice Group. While at Jones Day, Judge Readler appeared in state and federal trial and appellate courts around the country, most frequently the Supreme Court of Ohio and the Sixth Circuit. Judge Readler also successfully argued before the United States Supreme Court in McQuiggin v. Perkins on behalf of an inmate claiming actual innocence. His other pro bono representations include representing capital defendants before the Tenth Circuit and the Supreme Court of Ohio, as well as representing defendants sentenced to life in prison before the Sixth Circuit. While at Jones Day, Judge Readler traveled to Nairobi with Lawyers Without Borders to train Kenyan lawyers in prosecuting domestic violence cases, and he was also a recipient of the American Marshall Memorial Fellowship awarded by the German Marshall Fund of the United States. Following his career in private practice, Judge Readler served as Acting Assistant Attorney General for the Civil Division of the United States Department of Justice from 2017 to 2019. In that role, Judge Readler led and supervised over 1,000 lawyers in the Department’s largest litigating division, briefing and arguing several cases on behalf of the United States in federal courts across the country, including high-profile cases significant to the Administration and the Department. In March 2019, Judge Readler was confirmed to serve as a Circuit Judge on the Sixth Circuit. He resides in Columbus.
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Shareholder, Littler
Bradford J. Kelley has a broad practice representing employers in employment anti-discrimination and wage and hour matters. He focuses on advising clients about emerging technologies, including artificial intelligence (AI), and their impact in the workplace.
Brad is an internationally recognized workplace AI authority. He advises clients on how to maximize the benefits of using AI in the workplace while minimizing potential legal and business risks. His deep background in this area provides employers with the tools and insights they need to develop, deploy, and monetize AI and other emerging technologies to bolster business operations and efficiency.
Deputy Secretary of Labor, U.S. Department of Labor
Keith E. Sonderling was confirmed by the U.S. Senate on March 12, 2025 to be the 38th United States Deputy Secretary of Labor.
As the United States Deputy Secretary of Labor, Sonderling is the second-highest-ranking official and serves as the Department's Chief Operating Officer, overseeing the agency’s $14 billion dollar budget and 16,000 employees. The Deputy Secretary oversees key operational functions such as: strategic planning; budget formulation; financial management; information technology; and human resource management. Additionally, the Deputy Secretary provides the leadership and management of DOL’s agencies necessary to support the Secretary and the Department’s mission.
Prior to becoming Deputy Secretary, he was previously confirmed by the United States Senate to serve as the Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) from September 2020 until August 2024. He also served as the Commission’s Vice-Chair from 2020-2021.
During his tenure at the EEOC, one of Sonderling’s highest priorities was ensuring that artificial intelligence and workplace technologies are designed and deployed consistent with long-standing laws. He published numerous articles on the benefits and potential harms of using artificial intelligence-based technology in the workplace and spoke globally on artificial intelligence’s impact on the workplace.
Sonderling previously served at the US Department of Labor as the Acting and Deputy Administrator of the U.S. Department of Labor’s Wage and Hour Division from 2017-2020. During his tenure, the Division accomplished back-to-back record-breaking enforcement collections and educational outreach events. Sonderling also oversaw the development and publication of large-scale deregulatory rules and authored numerous Opinion Letters, Field Assistance Bulletins, and All Agency Memorandums. Additionally, he was instrumental in developing the Division’s first comprehensive self-audit program, which collected more than $7 million for nearly eleven thousand workers.
Before his government service, Sonderling was a partner at one of Florida’s oldest and largest law firms, Gunster. At Gunster, he counseled employers and litigated labor and employment disputes. In 2012, then-Governor Rick Scott appointed Sonderling to serve as the Chair of the Judicial Nominating Committee for appellate courts in South Florida. Sonderling was also active in the community, serving on the Board of Directors for Morse Life Health System, the Boca Raton Chamber of Commerce, and Leadership Florida.
Sonderling also serves as a Professional Lecturer in the Law (Adjunct Professor) at George Washington University Law School, teaching employment discrimination.
Sonderling received his B.S., magna cum laude, from the University of Florida and his J.D., magna cum laude, from Nova Southeastern University.
Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible?
R. Pepper Crutcher, Alexander T. MacDonald, Tammy Dee McCutchen, Christopher C. Murray
Federalist Society Review, Volume 26
The Administrative Procedure Act directs federal courts to review and to set aside final agency...
Litigation Update: United Natural Foods v. NLRB
R. Pepper Crutcher, Philip A. Miscimarra
NLRB Deference, Do Federal Rules Apply to the NLRB, and More
This litigation update will discuss the United Natural Foods case, where a new National Labor...
Litigation Update: United Natural Foods v. NLRB
R. Pepper Crutcher, Philip A. Miscimarra
NLRB Deference, Do Federal Rules Apply to the NLRB, and More
This litigation update will discuss the United Natural Foods case, where a new National Labor...
Topics
The NLRB in a Post-Loper Bright Administration
If Mel Brooks had written The Parable of the Prodigal Son, he might have titled...
Labor & Employment Law: Agency Exuberance: A Flaw or Feature in Labor and Employment Law?
R. Pepper Crutcher, Rebecca A. Dormon, Bradford J. Kelley, Chad A. Readler, Keith E. Sonderling
2024 National Lawyers Convention
Featuring: Ms. Rebecca Dormon, Labor Consultant, People Results Mr. Pepper Crutcher, Partner, Balch & Bingham LLP...
Labor & Employment Law: Agency Exuberance: A Flaw or Feature in Labor and Employment Law?
Rebecca A. Dormon, Chad A. Readler, R. Pepper Crutcher, Bradford J. Kelley, Keith E. Sonderling
2024 National Lawyers Convention
Featuring: Ms. Rebecca Dormon, Labor Consultant, People Results Mr. Pepper Crutcher, Partner, Balch & Bingham LLP...
Topics
Agency Exuberance: A Flaw or Feature in Labor and Employment Law?
Ours are not the only authors to note that the substantive work of federal agencies has...
Topics
May the EEOC Embed Interrogatories in Subpoenas?
A routine subpoena from the Equal Employment Opportunity Commission to an employer might include items...
Topics
The NLRB’s “Laboratory Conditions” Are Overdue for Inspection
Just like campaigns for political office, union representation election campaigns are characterized by bombast, bloviation,...
Topics
What Do the NLRB’s Administrative Law Judges’ Decisions Tell Us About the Fairness of the Board’s Procedures?
Twenty-three of the National Labor Relations Board’s 36 Administrative Law Judges (64%) were Board attorneys...