Edward F. Berbarie represents and advises clients in a wide range of employment and traditional labor related matters. Mr. Berbarie is board certified in labor and employment law by the Texas Board of Legal Specialization, and he has significant experience in representing and advising clients in complex commercial disputes.
Mr. Berbarie is one of the firm’s subject matter resources in the field of employment arbitration agreements and a core member of Littler’s Alternative Dispute Resolution Practice Group. A large part of his practice is devoted to drafting and enforcing arbitration agreements and arbitrating labor and employment matters. He has argued arbitration enforcement issues in state and federal courts across the country, including appellate and state supreme courts. He was counsel for petitioner in a case involving arbitration enforcement issues that was successful before the U. S. Supreme Court. He frequently writes and speaks on arbitration topics, including the latest developments in arbitration law.
Mr. Berbarie has defended clients in all types of cases from single-plaintiff matters to class action and collective actions. Additionally, he has successfully defended management numerous times against grievances and unfair labor practice charges.
Shareholder, Littler Mendelson P.C.
Maury Baskin focuses his Washington, DC-based practice on national labor policy, challenging excessive government regulation on behalf of small and large businesses, while advising employers in compliance issues. He has extensive experience in dealing with labor relations and union pressure tactics, employment discrimination and wage and hour law. He has represented a variety of industry sectors, advising clients involved in construction, government contracting, higher education, telecommunications, hospitality, security, and nonprofits.
Mr. Baskin has served as lead counsel at all levels of the federal and state courts and before the U.S. Supreme Court, and has recently led successful challenges against nationwide federal labor regulations on behalf of multi-industry coalitions, including the 2016 “white collar” overtime rule and the so-called “blacklisting” rule. He has also succeeded in the courts in numerous cases involving the National Labor Relations Board (NLRB) and the Department of Labor (DOL). Mr. Baskin is the Chair of Littler's Construction Industry Group and has long represented the Associated Builders and Contractors (ABC) national trade association and many of its construction industry members. On their behalf, he has been one of the leading advocates against government-mandated project labor agreements, prevailing wage expansion, and union corporate campaigns.
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.
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.
Of Counsel, Wimberly, Lawson, Steckel, Schneider & Stine P.C.
Elizabeth K. (Betsy) Dorminey is of counsel with the firm. She received a B.A. magna cum laude from the University of Georgia in 1976, a license ès lettres from the Sorbonne in 1978, a J.D. from UGA’s Law School in 1981, and an LL.M. from Columbia in 1984. She clerked for the Hon. Ed Carnes on the U.S. Court of Appeals for the Eleventh Circuit and worked for the U.S. Departments of Justice and Commerce prior to joining the firm. Ms. Dorminey is a member of the State Bars of Georgia, Connecticut, and New York, and is admitted to practice in Federal District and Appellate Courts throughout the Southeast. With Larry Stine and Mark Waschak, she is co-author of “Occupational Safety & Health Law: Compliance and Practice” (Thomson/West 2008). Her practice concentrates in all aspects of employer defense, including but not limited to litigation the Fair Labor Standards Act, Title VII employment discrimination, and occupational safety and health. She is a member of the Executive Committee of the Labor & Employment Practice Group of the Federalist Society, and serves on the Board of the Friends of the Georgia Museum of Art.
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.
Co-Chairman, Workplace Policy Institute and Shareholder, Littler Mendelson PC
Michael J. Lotito is the founder and co-chair of Littler’s Workplace Policy Institute® (WPI®), the firm’s government relations and public policy arm. He provides strategic advice to C-suite executives and policy makers on the complex intersection of public policy, communications and the law at the international, national and local levels. Michael takes a proactive and holistic approach to advocating for the interests of employers on a global scale, working with companies, trade associations, business groups and other influencers to define and shape the laws, regulations and policies that have critical implications for the workplace.
Michael focuses on giving employers a voice in the midst of changes affecting their workplaces. He has been at the forefront of challenging numerous rules and regulations impacting employers, such as the expansion of the joint employer doctrine, changes to the definition of an independent contractor, new overtime pay requirements, the Protecting the Right to Organize (PRO) Act, and the Persuader Rule. Michael also advocates for employers on issues including nominations to government agencies, state level developments impacting freedom of speech for corporations, and the rapid expansion of sectoral bargaining boards. He serves as labor and policy counsel to the International Franchise Association, as a member of the Labor Relations Committee of the U.S. Chamber of Commerce, and a member of the California Business Roundtable’s board of directors.
Michael speaks around the world on workplace topics and writes extensively on emerging issues for the workplace. He has testified before committees in the U.S. Senate and U.S. House of Representatives, as well as before the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC). He is regularly quoted and published in such media outlets as The Wall Street Journal, The New York Times, The Financial Times, Bloomberg, Reuters, Chief Executive Magazine, Law360, Fox Business, National Law Journal, CNBC, The Hill and Politico, and has a significant social media presence on LinkedIn. Michael was inducted into Human Resource Executive magazine’s Most Powerful Employment Attorneys Hall of Fame, and Villanova University Graduate School of Human Resources named him HR Alumnus of the 20th Century.
Through the Emma Coalition – a nonprofit, nonpartisan organization that he co-founded in 2018 to address the technology-induced displacement of employment (TIDE™) – Michael has been at the vanguard of preparing American business and the American workforce for the future of work. As technological innovation drives significant changes in employers’ talent needs, the Emma Coalition focuses on understanding the skills the American workforce will need in the future and addressing the country’s varied and complex workforce challenges through education, training and engagement with policymakers.
* Member of the California Bar; not licensed to practice law in the District of Columbia. Practice is limited primarily to governmental affairs advocacy but also includes the practice before Federal Agencies authorized by Rule 49(c)(3) and does not constitute the practice of law under Rule 49 of the District Columbia Court of Appeals.
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, Littler Mendelson P.C.
Maury Baskin focuses his Washington, DC-based practice on national labor policy, challenging excessive government regulation on behalf of small and large businesses, while advising employers in compliance issues. He has extensive experience in dealing with labor relations and union pressure tactics, employment discrimination and wage and hour law. He has represented a variety of industry sectors, advising clients involved in construction, government contracting, higher education, telecommunications, hospitality, security, and nonprofits.
Mr. Baskin has served as lead counsel at all levels of the federal and state courts and before the U.S. Supreme Court, and has recently led successful challenges against nationwide federal labor regulations on behalf of multi-industry coalitions, including the 2016 “white collar” overtime rule and the so-called “blacklisting” rule. He has also succeeded in the courts in numerous cases involving the National Labor Relations Board (NLRB) and the Department of Labor (DOL). Mr. Baskin is the Chair of Littler's Construction Industry Group and has long represented the Associated Builders and Contractors (ABC) national trade association and many of its construction industry members. On their behalf, he has been one of the leading advocates against government-mandated project labor agreements, prevailing wage expansion, and union corporate campaigns.
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.
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.
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.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
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.
Courthouse Steps: National Labor Relations Board v. Murphy Oil USA, Inc.
Labor & Employment Law Practice Group Teleforum
TeleforumCourthouse Steps: DOL Overtime Rule - Podcast
Maury Baskin, Tammy Dee McCutchen
On Thursday, August 31, Judge Mazzant of the Eastern District of Texas invalidated the Department...
Courthouse Steps: DOL Overtime Rule
TeleforumDOL Overtime Update - Podcast
Tammy Dee McCutchen
On Wednesday, the Department of Labor published a Request for Information seeking comments from the public...
DOL Overtime Update
TeleforumOver-Regulating Overtime?
TeleforumLandmark NLRB Ruling on Joint Employers
TeleforumSupreme Court to Define the Word "Clothes" - Podcast
Tammy Dee McCutchen, Dean Reuter
Ms. Tammy McCutchen joined us for a Courthouse Steps Teleforum after oral arguments before the...
Sandifer v. United States Steel Corporation - Post-Argument SCOTUScast
Tammy Dee McCutchen
On October 8, 2013, the Supreme Court heard oral argument in Sandifer v. United States...
Supreme Court to Define the Word "Clothes"
Teleforum