NLC: A View from the Top | The DOL, EEOC, and NLRB
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The Labor & Employment Practice Group’s panel, A View from the Top, may be unpresented in its number of Honorables who will be speaking. All four speakers and our moderator have survived Senate confirmation – a total of 10 times by my count, which must be some type of record. Also unprecedented is having the political leaders of the three major labor and employment agencies together on the same panel to discuss their visions for the agencies they head.
The panel will begin with an address from Secretary of Labor Alexander Acosta. With four Senate confirmations behind him, Secretary Acosta may be facing his greatest challenge yet in his long career in public service. As of this writing, Secretary Acosta remains the only Senate-confirmed appointee at the U.S. Department of Labor.Just over six months into his tenure, Secretary Acosta has a broad range of controversial issues before him – from the fiduciary rule and overtime regulations to joint employment and independent contractors. Joining the panel to answer our questions regarding the issues facing DOL is Acting Solicitor of Labor and Chief of Staff Nicholas Geale.
But the panel is not just about the Labor Department. We will also hear from Victoria Lipnic, Acting Chair of the Equal Employment Opportunity Commission, still the sole Republican on the five-member Commission. With former Chair Jenny Yang exercising her legal option of staying on the EEOC until she is replaced or the Senate recesses; two Republican nominees awaiting Senate confirmation, and no General Counsel, it may be well into 2018 before we see any changes. The National Labor Relations Board is finally up to its full five members. But with our speaker Chairman Philip Miscimarra leaving in September and his replacement not yet identified, the pace of change at the NLRB may also be slow.
This panel holds the promise of giving us a glimpse of changes that may be ahead at the DOL, EEOC and NLRB. Whether or not you practice in the labor and employment space, this panel is the place to be on Thursday, November 16. See you in the Mayflower’s Grand Ballroom at 1:45 PM.
Featured Panelists:
Registration is required to attend the panel. Click here for more information about the conference including the schedule, registration, and lodging information. Online registration ends Monday, November 13.
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.