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.
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
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.
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
Chair, Issues & Appeals, Hunton Andrews Kurth LLP
The former Solicitor General of West Virginia, Mr. Lin has been on the front lines of many precedent-setting cases in appellate courts across the country, including in a US Supreme Court victory that George Will called “the court’s most severe rebuke of a president” since the Truman administration. Having argued more than 60 appeals, he brings to clients a well-honed ability to identify the most persuasive issues for appeal and a practiced understanding of how best to frame complex legal questions in appellate courts.
With experience in the private sector and multiple branches of government, Mr. Lin’s practice has spanned a wide range of issues, including major questions of constitutional and administrative law at the federal and state levels. On behalf of more than two dozen states, he won a stay from the US Supreme Court of the EPA’s Clean Power Plan. Described by the New York Times as an “unprecedented” order, the stay was the first time the Supreme Court had ever put a regulation on hold before review by a federal appeals court. In that same case, Elbert argued before the en banc DC Circuit in an historic proceeding that one commenter quoted in E&E News compared to “the NBA All-Star Game.” At the state level, Elbert led the effort that persuaded the West Virginia Supreme Court of Appeals to overturn an injunction of the state’s right-to-work law.
In 2013, Mr. Lin was appointed the Solicitor General of West Virginia. During his four-and-a-half year tenure, he served as a member of the Attorney General’s senior management team, oversaw all civil and criminal appeals, and argued nearly two dozen cases in federal and state appellate courts. He authored more than twenty-five briefs in the US Supreme Court and more than forty-five formal Opinions of the Attorney General.
Earlier in his career, Mr. Lin served as a trial attorney in the Federal Programs Branch of the US Department of Justice’s Civil Division, where he received a Special Service Award. He has also been a law clerk at all three levels of the federal judiciary: for Justice Clarence Thomas on the US Supreme Court; for Judge William H. Pryor Jr. on the US Court of Appeals for the Eleventh Circuit; and for Senior Judge Robert E. Keeton on the US District Court for the District of Massachusetts.
Mr. Lin speaks regularly on a wide variety of topics, including constitutional law, administrative law, environmental law, state and federal relations, the US Supreme Court, and appellate practice. He has testified before Congress, and has spoken at the national conventions of the American Bar Association, the Association of Corporate Counsel, the National Asian Pacific American Bar Association, the Federalist Society, Americans for Prosperity, and the American Legislative Exchange Council. He is an elected member of the American Law Institute, a public member of the Administrative Conference of the United States, and a fellow of the American Academy of Appellate Lawyers.
Mr. Lin is admitted to practice in the following federal courts: the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; the District of Massachusetts; the Northern and Southern Districts of West Virginia; and the Eastern and Western Districts of Virginia.
Staff Attorney, National Right to Work Foundation
Aaron Solem is a staff attorney at the National Right to Work Legal Defense Foundation, where he represents both private and public sector employees in state and federal courts, as well as before administrative agencies.
Aaron was co-counsel in Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018), a major Supreme Court case establishing that it violates the First Amendment to force public sector employees to pay compulsory fees. Additionally, Aaron’s track record in federal court includes being co-counsel in Stewart v. NLRB, 851 F.3d 21 (D.C. Cir. 2017); Tamosiunas v. NLRB, 892 F.3d 422 (D.C. Cir. 2018); and UNAP v. NLRB, 975 F.3d 34 (1st Cir. 2020). He was also lead counsel in Sands v. NLRB, 825 F.3d 778 (D.C. Cir. 2016), where he successfully vacated an unfavorable NLRB decision.
Aaron is also experienced in representing employees before the National Labor Relations Board. Aaron won a major victory in NABET, Local 51, 371 NLRB No. 15 (2021), establishing the unlawfulness of threatening evidence preservation letters under the National Labor Relations Act. He also frequently represents and advises decertification petitioners, including the decertification petitioners in Americold Logistics, 362 NLRB 493 (2015); Pinnacle Foods Grp., 368 NLRB No. 97 (2019); and Geodis Logistics, 371 NLRB No. 102 (2022).
Aaron earned his law degree with honors from the University of Notre Dame Law School and currently resides in Bethesda, Maryland.
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
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.
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
Staff Attorney, National Right to Work Foundation
Aaron Solem is a staff attorney at the National Right to Work Legal Defense Foundation, where he represents both private and public sector employees in state and federal courts, as well as before administrative agencies.
Aaron was co-counsel in Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018), a major Supreme Court case establishing that it violates the First Amendment to force public sector employees to pay compulsory fees. Additionally, Aaron’s track record in federal court includes being co-counsel in Stewart v. NLRB, 851 F.3d 21 (D.C. Cir. 2017); Tamosiunas v. NLRB, 892 F.3d 422 (D.C. Cir. 2018); and UNAP v. NLRB, 975 F.3d 34 (1st Cir. 2020). He was also lead counsel in Sands v. NLRB, 825 F.3d 778 (D.C. Cir. 2016), where he successfully vacated an unfavorable NLRB decision.
Aaron is also experienced in representing employees before the National Labor Relations Board. Aaron won a major victory in NABET, Local 51, 371 NLRB No. 15 (2021), establishing the unlawfulness of threatening evidence preservation letters under the National Labor Relations Act. He also frequently represents and advises decertification petitioners, including the decertification petitioners in Americold Logistics, 362 NLRB 493 (2015); Pinnacle Foods Grp., 368 NLRB No. 97 (2019); and Geodis Logistics, 371 NLRB No. 102 (2022).
Aaron earned his law degree with honors from the University of Notre Dame Law School and currently resides in Bethesda, Maryland.
Deep Dive Episode 124 – Labor Law Compliance Issues Posed by COVID-19
Tammy Dee McCutchen, G. Roger King
COVID-19 has created many challenges for employers, including making it more difficult for them to...
COVID-19 Labor and Employment Teleforum Series #3
TeleforumCOVID-19 Labor and Employment Teleforum Series #2
G. Roger King, Tammy Dee McCutchen
Employers are increasingly being faced with difficult issues with respect to COVID-19, including challenging labor...
COVID-19 Labor and Employment Teleforum Series #2
TeleforumTopics
National Labor Relations Board and the “Contract Bar” Doctrine
In Mountaire Farms, Inc., the National Labor Relations Board issued a public Notice and Invitation...
COVID-19 Labor and Employment Teleforum Series #1
G. Roger King
Employers are increasingly being faced with difficult issues with respect to COVID-19, including challenging labor...
COVID-19 Labor and Employment Teleforum Series #1
TeleforumState Court Docket Watch: Morrisey v. West Virginia AFL-CIO
Elbert Lin
Just over four years after its enactment, West Virginia’s Right to Work law (the Act)...
The National Labor Relations Board’s New Election Rules: Do they Protect or Undermine Employee Free Choice?
Aaron Becket Solem
The National Labor Relations Board (NLRB) has used rulemaking only a few times through the...
The National Labor Relations Board’s New Election Rules: Do they Protect or Undermine Employee Free Choice?
Teleforum