Overtime Redux: Here We Go Again! (repeated session)
Repeated Tuesday at 4:00 p.m.
In its 2018 fall regulatory agenda, the U.S. Department of Labor again delayed the target date for publication of a new proposal on the overtime exemptions. Originally scheduled for release in October 2018, we now will not see the proposal before March 2018. In this session, former DOL Wage & Hour Administrator, Tammy McCutchen, will provide participates with a full briefing on the current status of the overtime regulations and litigation. Ms. McCutchen is the primary author of the 2004 revisions to the overtime regulations and has been advocating for employers on these revisions since the DOL first published its original proposal in 2015 to increase the minimum salary level for exemption to $50,000 annually. Representing leading business associations, she prepared comments to DOL on the 2015 proposed rule; was on the litigation team that obtained the permanent injunction of the 2016 Final Rule; submitted comments on DOL’s 2017 request for information; and attended the 2018 listening session held in Washington, D.C. Participants will have the opportunity to express their views on any new proposal, through polling and interactive discussion, which will be shared with DOL (in the aggregate and without identifying any employer) as they consider the rule. Ms. McCutchen also will review other significant developments from DOL’s Wage and Hour Division over the last year. Take this opportunity to ensure DOL knows your views on the overtime regulations!
Tammy McCutchen
Tammy D. McCutchen is a senior affiliate with Resolution Economics, providing expert services in the Company’s Wage & Hour and Human Capital Strategy groups.
McCutchen became affiliated with Resolution Economics in 2021. She is a nationally recognized expert in all aspects of wage and hour law. Her experience includes regulation drafting and enforcement, conducting internal compliance audits, defending agency investigations, designing compliance applications using smart technology, and serving as a consulting and testifying expert in wage and hour class and collective actions.
Prior to joining the DOL, she served as Administrator of the Wage and Hour Division at the U.S. Department of Labor. Nominated by President George W. Bush and confirmed by the U.S. Senate, she was the country’s top enforcer of the Fair Labor Standards Act, the Family and Medical Leave Act, and wage laws affecting government contractors (the Davis-Bacon Act and the Service Contract Act). She managed an annual budget of $160 million and 1,400 employees, represented by two unions, in more than 250 offices across the country. She was responsible for the issuance of opinion letters and set enforcement policy. She also was the principal architect of the 2004 revisions to the overtime exemption regulations, the most significant overhaul of the regulations in 50 years. Since leaving DOL, she has been the principal author of numerous comments on proposed changes by DOL to the FLSA regulations, including on overtime and independent contractors. She also has defended dozens of employers facing DOL investigations of FLSA, DBA, and SCA compliance.
After serving at the DOL, she practiced law with Littler Mendelson, PC and was a founding vice president and managing director of ComplianceHR. At CHR, she directed the development of the only on-demand suite of intelligent compliance applications focused on helping employers address the ever-changing federal and state employment law requirements on minimum wage, overtime, independent contracting and more. Her Navigator IC and Navigator OT apps assess the risks of classifying workers as independent contractors and employees as overtime exempt as quickly as it takes to fill out an on-line questionnaire. She remains a Strategic Advisor for the company.
Previously, she was in-house counsel for employment at the Hershey Company, practiced law at Skadden Arps, and clerked for Honorable Daniel A. Manion on the U.S. Court of Appeals for the Seventh Circuit.