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
Special Assistant/Counsel, United States Commission on Civil Rights
Alexander Heideman is Special Assistant/Counsel at the United States Commission on Civil Rights.
Associate, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Ken Daines is an associate at Holtzman Vogel Baran Torchinsky & Josefiak PLLC. His practice focuses on trial and appellate litigation in federal and state courts, including matters presenting constitutional law, redistricting, and election-related issues.
Before joining the firm, Ken clerked for Judge Ryan D. Nelson on the U.S. Court of Appeals for the Ninth Circuit and Judge Dee V. Benson on the U.S. District Court for the District of Utah. He also practiced election law and government ethics at a large law firm in Washington, D.C.
Ken earned his J.D. from Stanford Law School and a B.A. in International Relations and Chinese, magna cum laude, from Brigham Young University. While in law school, he worked as a student attorney for the Religious Liberty Clinic and served as Executive Vice-President for the Stanford Law chapter of the Federalist Society. Ken is a member of the District of Columbia and Maryland Bars, the J. Reuben Clark Law Society, and the Federalist Society.
Senior Associate, Holtzman Vogel Josefiak Torchinsky PLLC
Drew Watkins is a senior associate with Holtzman Vogel Josefiak Torchinsky PLLC, providing counsel in the areas of campaign finance and election law, lobbying and ethics compliance, and tax-exempt organizations.
Prior to joining the firm, Drew served as a law clerk to the Honorable Joseph R. Goeke, Senior Judge of the United States Tax Court in Washington, D.C., and worked in the Office of General Counsel for the Governor of Kentucky, Matthew G. Bevin. While in law school, Drew served as a law clerk for the Kentucky Executive Branch Ethics Commission and interned for Senate Majority Leader Mitch McConnell in his office in Washington, D.C.
Drew graduated from the University of Louisville with a B.S. in Justice Administration. He earned his Juris Doctor, magna cum laude, from the University of Kentucky College of Law and was a member of the Order of the Coif. During law school, he served as a senior staff editor on the Kentucky Law Journal and authored a published student note on the Justice Against Sponsors of Terrorism Act. He is a member of the Kentucky, D.C. and Virginia bars and the Federalist Society.
President, Committee for Justice
Curt Levey is President of the Committee For Justice, an organization devoted to advancing constitutionally limited government and individual liberty. He is a veteran of Supreme Court and other judicial confirmation battles and serves on the executive committee of the Federalist Society's Civil Rights Practice Group.
After graduating Harvard Law School with honors and clerking for the U.S. Court of Appeals for the Sixth Circuit, Mr. Levey served as Director of Legal & Public Affairs at the Center for Individual Rights (CIR). There he worked on landmark Supreme Court cases, including the University of Michigan affirmative action cases and the successful constitutional challenge to the Violence Against Women Act. After CIR, Mr. Levey headed the Title IX policy group at the U.S. Department of Education.
Before attending law school, Mr. Levey earned an M.S. and B.A. in computer science from Brown University and worked in the field of artificial intelligence (AI). He invented a new type of AI technology, for which he wrote a successful patent application.
President, Committee for Justice
Curt Levey is President of the Committee For Justice, an organization devoted to advancing constitutionally limited government and individual liberty. He is a veteran of Supreme Court and other judicial confirmation battles and serves on the executive committee of the Federalist Society's Civil Rights Practice Group.
After graduating Harvard Law School with honors and clerking for the U.S. Court of Appeals for the Sixth Circuit, Mr. Levey served as Director of Legal & Public Affairs at the Center for Individual Rights (CIR). There he worked on landmark Supreme Court cases, including the University of Michigan affirmative action cases and the successful constitutional challenge to the Violence Against Women Act. After CIR, Mr. Levey headed the Title IX policy group at the U.S. Department of Education.
Before attending law school, Mr. Levey earned an M.S. and B.A. in computer science from Brown University and worked in the field of artificial intelligence (AI). He invented a new type of AI technology, for which he wrote a successful patent application.
President, Committee for Justice
Curt Levey is President of the Committee For Justice, an organization devoted to advancing constitutionally limited government and individual liberty. He is a veteran of Supreme Court and other judicial confirmation battles and serves on the executive committee of the Federalist Society's Civil Rights Practice Group.
After graduating Harvard Law School with honors and clerking for the U.S. Court of Appeals for the Sixth Circuit, Mr. Levey served as Director of Legal & Public Affairs at the Center for Individual Rights (CIR). There he worked on landmark Supreme Court cases, including the University of Michigan affirmative action cases and the successful constitutional challenge to the Violence Against Women Act. After CIR, Mr. Levey headed the Title IX policy group at the U.S. Department of Education.
Before attending law school, Mr. Levey earned an M.S. and B.A. in computer science from Brown University and worked in the field of artificial intelligence (AI). He invented a new type of AI technology, for which he wrote a successful patent application.
Topics
Yes, Congress Has Constitutional Authority to Protect Unborn Children
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, holding that the Constitution...
Topics
A Federal Gestational Age Abortion Ban is the Wrong (and Unconstitutional) Hill for the Pro-Life Movement to Die On
In Dobbs v. Jackson Women’s Health Organization, decided in June 2022, the Supreme Court overruled...
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
Federal Appellate Court Upholds State Ban on Gender Medicine for Minors
Recently, the Sixth Circuit upheld Tennessee’s ban on so-called gender-affirming medical interventions for minors. Of...
Hispanic-Serving Institutions and Emerging Constitutional Issues
Alexander M. Heideman
In 2019, Florida Gulf Coast University’s (FGCU) “Florida Educational Equity Report” noted that FGCU “continues...
Felon Re-Enfranchisement Requirements Upheld by North Carolina Supreme Court
Ken Daines, Andrew Watkins
When lawsuits challenge state legislative enactments as racially discriminatory or motivated by invidious intent, courts...
Topics
Independence Day
Over the years, as I have contemplated writing my annual Independence Day message, I have...
Courthouse Steps Decision: SFFA v. Harvard
Curt Levey
On Thursday, June 29, 2023, the Supreme Court issued its decision in Students for Fair...
Courthouse Steps Decision: SFFA v. Harvard
Curt Levey
On Thursday, June 29, 2023, the Supreme Court issued its decision in Students for Fair...
Courthouse Steps Decision: SFFA v. Harvard
Teleforum