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 & 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
Former Deputy Attorney General for Virginia
Kennerly Davis has over forty years of experience in corporate management, public service, and the private practice of law. He has held senior executive positions in a Fortune 500 electric and gas company. He has served as Deputy Attorney General for the Commonwealth of Virginia, and as a legislative aide to a U.S. Senator and a U.S. Congressman. He practiced law for 25 years with Hunton Andrews Kurth LLP.
Davis is active in the Federalist Society as a member of the Regulatory Process Working Group of the Regulatory Transparency Project, and as a member of the Execuitve Committee of the Administrative Law and Regulation Practice Group. He is active in the national Alumni Free Speech Alliance, and involved in AFSA-chapter initiatives, including litigation, to publicize and correct the serious legal problems created by university Diversity, Equity, and Inclusion programs and the anonymous bias reporting systems used to enforce those DEI programs.
Davis writes and speaks on a wide variety of topics, including those related to the Founding of America, the natural rights foundation of our Republic, the constitutional rule of law, equal protection and free speech, DEI programs and bias reporting systems, capitalism, regulation and regulatory reform, and economic development. His articles have appeared in The Wall Street Journal, the Washington Examiner, the Richmond Times-Dispatch, The Federalist Society Review, the FedSoc Blog, Real Clear Energy, Townhall, the Daily Caller, reports of the Center for Strategic & International Studies, and other publications. He appears frequently on radio, podcasts, and television.
Davis graduated with honors from Cornell University with an A.B. degree in Government. He earned an M.A. degree from Pembroke College, Oxford, in Philosophy, Politics, and Economics. He was awarded a J.D. degree from Harvard Law School, and an M.B.A. degree from Virginia Commonwealth University.
Davis lives in Richmond, Virginia. He can be contacted by email: j.kendavis@verizon.net, and by phone: (804) 624-8525.
Partner, Axinn, Veltrop & Harkrider LLP
Koren Wong-Ervin is a recognized thought leader on competition issues who has testified before Congress on domestic and international issues in antitrust policy. She has more than eighteen years of experience in government, private practice, and as in-house counsel, including representing defendants and plaintiffs in high-stakes litigations and representing companies in domestic and foreign investigations. While at the Federal Trade Commission (FTC), Koren served as an Attorney Advisor to Commissioner Joshua Wright and Counsel for Intellectual Property & International Antitrust.
The combination of Koren's experience representing defendants—along with her experience at the FTC and as a former plaintiffs class action attorney—gives her insights into the thinking on both sides of cases, including complex multi-district litigations, allowing her to develop both effective offensive and defensive strategies. On top of this, her in-house experience as the Director of Antitrust Litigation & Policy at a major technology company gives her a first-hand understanding of how companies work and unique insight into the needs of clients. Koren also has a deep understanding of economics, as evidenced by the fact that she has trained over 500 foreign judges and enforcers on a variety of economic topics.
Koren’s scholarship has been cited by courts and the Department of Justice. She has authored over sixty articles, including on vertical mergers and restraints, acquisitions of potential competitors, consummated mergers, multisided platforms, the intersection of antitrust and intellectual property, incremental innovations or “product hopping,” optimal penalties, extraterritoriality, methodologies for calculating patent infringement damages, and international due process and convergence. She has spoken at over 200 domestic and international events.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
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.
The War on Independent Work: Why Some Regulators Want to Abolish Independent Contracting, Why They Keep Failing, & Why We Should Declare Peace
Tammy Dee McCutchen, Alexander T. MacDonald
There is a war on independent contracting. Martial metaphors are often overworked in the law....
Topics
Railways, Unions, and Policy Dissonance
Moving with unusual alacrity last week, the Democrat-controlled Congress passed a bill imposing new terms...
Topics
A Minimum Wage Hike Would Kill Jobs and Hamstring Restaurants
COVID-19 dealt a mule-kick to the solar plexus for small business, most especially restaurants. Now...
Regulating Under the Rule of Law
John Kennerly Davis
A review of: How to Regulate: A Guide for Policymakers, by Thomas A. Lambert (Cambridge...
Topics
Using Tax Reform to Reveal the Hidden Cost of the Administrative State
Click here to read a shorter version of this article published by The Washington Examiner....
Intellectual Property and Standard Setting
Koren Wong-Ervin, Joshua D. Wright
Note from the Editor: This article discusses the controversial topic of intellectual property in standard...
Don't Thread on Me
A landmark decision against bureaucratic browbeating has advocates for limited government, free markets, and shapely...
Topics
Department of Labor's Final Overtime Regulations Rundown
Minimum Salary Level Yesterday, the Department of Labor set the minimum salary level for the...
Working on Overtime: The U.S. Department of Labor’s Proposal to Revise the Overtime Exemption Regulations
Tammy Dee McCutchen
Note from the Editor: This article is about the Department of Labor’s proposed revisions to...
Trump v. Reagan: A Fight Not Worth Having
Ronald Reagan, our nation’s 40th President and the conservative gold-standard, left office in January 1989,...