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.
Former Secretary; U.S. Department of Labor
Rene Alexander Acosta is an American attorney and politician, who served as the 27th United States Secretary of Labor from 2017 to 2019.
Secretary Acosta is the son of Cuban refugees, a native of Miami, and first-generation college graduate. He earned his undergraduate and law degrees from Harvard University.
Following law school, he worked as a law clerk for Justice Samuel A. Alito, Jr., at the U.S. Court of Appeals for the Third Circuit. He then worked at the law firm of Kirkland & Ellis and went on to teach at George Mason University’s Antonin Scalia School of Law.
Secretary Acosta has served in three presidentially appointed, Senate-confirmed positions. In 2002, he was appointed to serve as a member of the National Labor Relations Board, where he participated in or authored more than 125 opinions. In 2003, he was appointed Assistant Attorney General for the Civil Rights Division of the U.S. Department of Justice, and from 2005 to 2009 he served as the U.S. Attorney for the Southern District of Florida.
Prior to his tenure at the Department of Labor, Secretary Acosta served as the dean of the FIU College of Law.
Secretary Acosta has twice been named one of the nation’s 50 most influential Hispanics by Hispanic Business magazine. He was also named to the list of 100 most influential individuals in business ethics in 2008. In 2013, the South Florida Hispanic Chamber of Commerce presented him with the Chairman’s Higher Education Award in recognition of his “outstanding achievements, leadership and determination throughout a lifetime of caring and giving back to the community.”
Secretary Acosta and his wife enjoy spending time together as a family, raising their two daughters.
Judge, United States Court of Appeals, Sixth Circuit
John K. Bush is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit. His chambers are in Louisville, Kentucky. Prior to joining the court, Judge Bush was a partner in the Louisville office of Bingham Greenebaum Doll LLP, where he also was co-chair of the firm’s litigation department. He began his legal practice in the Washington, D.C. office of Gibson Dunn & Crutcher LLP.
Judge Bush served as a law clerk for Judge J. Smith Henley of the United States Court of Appeals for the Eighth Circuit. He was graduated summa cum laude from Vanderbilt University in 1986, and cum laude from Harvard Law School in 1989.
Chief of Staff and Acting Solicitor, U.S. Department of Labor
On February 17, 2017, President Trump appointed Nicholas C. Geale as Deputy Solicitor of Labor, and he became Acting Solicitor of Labor in accordance with federal law. Mr. Geale also serves as the Chief of Staff for Secretary Acosta at the Department of Labor, effective August 20, 2017.
Mr. Geale previously served as a member of the National Mediation Board, which he joined in August 2013. Immediately prior to joining the National Mediation Board, Mr. Geale served as the Director of Oversight and Investigations for Ranking Member Lamar Alexander on the U.S. Senate Health, Education, Labor and Pensions Committee. Before becoming Director of Oversight, Mr. Geale served as Oversight and Investigations Counsel on the Committee for Ranking Member Michael B. Enzi. Mr. Geale also served at the U.S. Department of Labor from 2006-2009, as an attorney in the Office of the Solicitor and as Counselor to the Deputy Secretary of Labor.
Prior to federal service, Mr. Geale had six years of experience in labor and employment matters, general commercial litigation and alternative dispute resolution in private and public practice, including serving as Assistant General Counsel for the Washington Metropolitan Area Transit Authority.
Mr. Geale graduated from Georgetown Law in 1999 and Claremont McKenna College in 1996.
Partner, Resolution Economics
Victoria Lipnic is a Partner at Resolution Economics. She leads the Company’s Human Capital Strategy Group. The Human Capital Strategy Group combines the Company’s expertise in data analytics and deep knowledge of regulatory requirements with an interdisciplinary approach to advise organizations on the full range of their human capital needs and reporting requirements including recruitment, selection, promotions, DE&I, pay equity, and overall talent allocation.
Lipnic joined Resolution Economics in 2021. She has broad experience in the full range of human capital, labor and employment issues, especially from the regulatory enforcement perspective. Prior to joining the Company she served as Commissioner from 2010 to 2020 and Acting Chair from 2017 to 2019 of the U.S. Equal Employment Opportunity Commission. She was appointed to the EEOC by President Barack Obama and unanimously confirmed by the U.S. Senate. At the EEOC she worked on policy, cases, and regulations under all of the statutes enforced by the Commission including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Pregnancy Discrimination Act (PDA) and the Genetic Information Nondiscrimination Act (GINA). While at the EEOC she participated in numerous agency regulatory initiatives including the final GINA regulations, the ADA, as amended, regulations, and the revisions to the EEO-1 form to include pay data reporting. She organized the agency’s first public meeting on Big Data in Employment, created its Chief Data Officer position, oversaw development of the Office of Enterprise Data and Analytics and published a significant report on age discrimination. She co-chaired the EEOC’s Select Task Force on the Study of Harassment in the Workplace, and co-authored its seminal report, issued in 2016, before the #MeToo movement.
Prior to joining the EEOC, she practiced law with Seyfarth Shaw, LLP. She also served as the U.S. Assistant Secretary of Labor for Employment Standards from 2002 to January 2009, a position she was appointed to by President George W. Bush. At the Department of Labor she oversaw regulatory development and enforcement for the Wage and Hour Division, the Office of Federal Contract Compliance Programs (OFCCP), the Office of Labor Management Standards and four national workers’ compensation programs. This included oversight and enforcement of the Fair Labor Standards Act, the Family and Medical Leave Act, Executive Order 11246 and the Labor Management Reporting Disclosure Act.
Prior to her service as Assistant Secretary, Lipnic served as Workforce Policy Counsel to the Committee on Education and the Workforce in the U.S. House of Representatives. She was also in-house counsel for labor and employment with the U.S. Postal Service.
Partner, Morgan, Lewis & Bockius LLP
Philip A. Miscimarra is the former Chairman of the National Labor Relations Board (NLRB). Phil leads the firm’s NLRB special appeals practice and is co-leader of Morgan Lewis Workforce Change, which manages all employment, labor, benefits, and related issues arising from mergers, acquisitions, startups, workforce reductions, and other types of business restructuring. He represents clients on a wide range of labor and employment issues, with a focus on labor-management relations, business acquisitions and restructuring, and employment litigation. Phil is also a Senior Fellow at the University of Pennsylvania's Wharton School and the Wharton Center for Human Resources. He is admitted in Illinois only, and his practice is supervised by DC Bar members.
Phil was named Chairman of the NLRB by President Donald J. Trump on April 24, 2017, after previously serving as Acting Chairman and a Board Member. He was appointed to the NLRB by President Barack Obama on April 9, 2013, and was approved unanimously by the Senate Committee on Health, Education, Labor, and Pensions on May 22, 2013. He was confirmed by voice vote in the US Senate on July 30, 2013, and served from August 7, 2013, to December 16, 2017. Upon the completion of his term, Phil served on the NLRB longer than 26 other board members over the past 30 years.
Phil is the author or co-author of several books involving labor law issues, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman, Callahan, Conrad, Lignowski and Scroggins); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); and Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); and other publications. He has also testified on labor and employment law issues in the United States Congress.
Chambers USA named Phil one of the leading lawyers for employment law in the United States from 2004 to 2012, based on the views of clients, peers, and other industry professionals. He has been described as a "fantastic lawyer" and "prolific writer," with clients admiring his "multilayered abilities and business savvy" and his "high level of integrity."
Former Secretary; U.S. Department of Labor
Rene Alexander Acosta is an American attorney and politician, who served as the 27th United States Secretary of Labor from 2017 to 2019.
Secretary Acosta is the son of Cuban refugees, a native of Miami, and first-generation college graduate. He earned his undergraduate and law degrees from Harvard University.
Following law school, he worked as a law clerk for Justice Samuel A. Alito, Jr., at the U.S. Court of Appeals for the Third Circuit. He then worked at the law firm of Kirkland & Ellis and went on to teach at George Mason University’s Antonin Scalia School of Law.
Secretary Acosta has served in three presidentially appointed, Senate-confirmed positions. In 2002, he was appointed to serve as a member of the National Labor Relations Board, where he participated in or authored more than 125 opinions. In 2003, he was appointed Assistant Attorney General for the Civil Rights Division of the U.S. Department of Justice, and from 2005 to 2009 he served as the U.S. Attorney for the Southern District of Florida.
Prior to his tenure at the Department of Labor, Secretary Acosta served as the dean of the FIU College of Law.
Secretary Acosta has twice been named one of the nation’s 50 most influential Hispanics by Hispanic Business magazine. He was also named to the list of 100 most influential individuals in business ethics in 2008. In 2013, the South Florida Hispanic Chamber of Commerce presented him with the Chairman’s Higher Education Award in recognition of his “outstanding achievements, leadership and determination throughout a lifetime of caring and giving back to the community.”
Secretary Acosta and his wife enjoy spending time together as a family, raising their two daughters.
Judge, United States Court of Appeals, Sixth Circuit
John K. Bush is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit. His chambers are in Louisville, Kentucky. Prior to joining the court, Judge Bush was a partner in the Louisville office of Bingham Greenebaum Doll LLP, where he also was co-chair of the firm’s litigation department. He began his legal practice in the Washington, D.C. office of Gibson Dunn & Crutcher LLP.
Judge Bush served as a law clerk for Judge J. Smith Henley of the United States Court of Appeals for the Eighth Circuit. He was graduated summa cum laude from Vanderbilt University in 1986, and cum laude from Harvard Law School in 1989.
Chief of Staff and Acting Solicitor, U.S. Department of Labor
On February 17, 2017, President Trump appointed Nicholas C. Geale as Deputy Solicitor of Labor, and he became Acting Solicitor of Labor in accordance with federal law. Mr. Geale also serves as the Chief of Staff for Secretary Acosta at the Department of Labor, effective August 20, 2017.
Mr. Geale previously served as a member of the National Mediation Board, which he joined in August 2013. Immediately prior to joining the National Mediation Board, Mr. Geale served as the Director of Oversight and Investigations for Ranking Member Lamar Alexander on the U.S. Senate Health, Education, Labor and Pensions Committee. Before becoming Director of Oversight, Mr. Geale served as Oversight and Investigations Counsel on the Committee for Ranking Member Michael B. Enzi. Mr. Geale also served at the U.S. Department of Labor from 2006-2009, as an attorney in the Office of the Solicitor and as Counselor to the Deputy Secretary of Labor.
Prior to federal service, Mr. Geale had six years of experience in labor and employment matters, general commercial litigation and alternative dispute resolution in private and public practice, including serving as Assistant General Counsel for the Washington Metropolitan Area Transit Authority.
Mr. Geale graduated from Georgetown Law in 1999 and Claremont McKenna College in 1996.
Partner, Resolution Economics
Victoria Lipnic is a Partner at Resolution Economics. She leads the Company’s Human Capital Strategy Group. The Human Capital Strategy Group combines the Company’s expertise in data analytics and deep knowledge of regulatory requirements with an interdisciplinary approach to advise organizations on the full range of their human capital needs and reporting requirements including recruitment, selection, promotions, DE&I, pay equity, and overall talent allocation.
Lipnic joined Resolution Economics in 2021. She has broad experience in the full range of human capital, labor and employment issues, especially from the regulatory enforcement perspective. Prior to joining the Company she served as Commissioner from 2010 to 2020 and Acting Chair from 2017 to 2019 of the U.S. Equal Employment Opportunity Commission. She was appointed to the EEOC by President Barack Obama and unanimously confirmed by the U.S. Senate. At the EEOC she worked on policy, cases, and regulations under all of the statutes enforced by the Commission including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Pregnancy Discrimination Act (PDA) and the Genetic Information Nondiscrimination Act (GINA). While at the EEOC she participated in numerous agency regulatory initiatives including the final GINA regulations, the ADA, as amended, regulations, and the revisions to the EEO-1 form to include pay data reporting. She organized the agency’s first public meeting on Big Data in Employment, created its Chief Data Officer position, oversaw development of the Office of Enterprise Data and Analytics and published a significant report on age discrimination. She co-chaired the EEOC’s Select Task Force on the Study of Harassment in the Workplace, and co-authored its seminal report, issued in 2016, before the #MeToo movement.
Prior to joining the EEOC, she practiced law with Seyfarth Shaw, LLP. She also served as the U.S. Assistant Secretary of Labor for Employment Standards from 2002 to January 2009, a position she was appointed to by President George W. Bush. At the Department of Labor she oversaw regulatory development and enforcement for the Wage and Hour Division, the Office of Federal Contract Compliance Programs (OFCCP), the Office of Labor Management Standards and four national workers’ compensation programs. This included oversight and enforcement of the Fair Labor Standards Act, the Family and Medical Leave Act, Executive Order 11246 and the Labor Management Reporting Disclosure Act.
Prior to her service as Assistant Secretary, Lipnic served as Workforce Policy Counsel to the Committee on Education and the Workforce in the U.S. House of Representatives. She was also in-house counsel for labor and employment with the U.S. Postal Service.
Partner, Morgan, Lewis & Bockius LLP
Philip A. Miscimarra is the former Chairman of the National Labor Relations Board (NLRB). Phil leads the firm’s NLRB special appeals practice and is co-leader of Morgan Lewis Workforce Change, which manages all employment, labor, benefits, and related issues arising from mergers, acquisitions, startups, workforce reductions, and other types of business restructuring. He represents clients on a wide range of labor and employment issues, with a focus on labor-management relations, business acquisitions and restructuring, and employment litigation. Phil is also a Senior Fellow at the University of Pennsylvania's Wharton School and the Wharton Center for Human Resources. He is admitted in Illinois only, and his practice is supervised by DC Bar members.
Phil was named Chairman of the NLRB by President Donald J. Trump on April 24, 2017, after previously serving as Acting Chairman and a Board Member. He was appointed to the NLRB by President Barack Obama on April 9, 2013, and was approved unanimously by the Senate Committee on Health, Education, Labor, and Pensions on May 22, 2013. He was confirmed by voice vote in the US Senate on July 30, 2013, and served from August 7, 2013, to December 16, 2017. Upon the completion of his term, Phil served on the NLRB longer than 26 other board members over the past 30 years.
Phil is the author or co-author of several books involving labor law issues, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman, Callahan, Conrad, Lignowski and Scroggins); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); and Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); and other publications. He has also testified on labor and employment law issues in the United States Congress.
Chambers USA named Phil one of the leading lawyers for employment law in the United States from 2004 to 2012, based on the views of clients, peers, and other industry professionals. He has been described as a "fantastic lawyer" and "prolific writer," with clients admiring his "multilayered abilities and business savvy" and his "high level of integrity."
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A storm is brewing against a regulation proposed by the U.S. Department of Labor that...
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2017 National Lawyers Convention
Washington, DC2017 National Lawyers Convention
Administrative Agencies and the Regulatory State
Washington, DCSeptember 2017 DC Luncheon with Secretary R. Alexander Acosta
Washington, District of Columbia