Tammy D. McCutchen

Shareholder, Littler Mendelson, PC

Tammy McCutchen is a principal in Littler Mendelson’s Washington D.C. office, and also serves as VP & Managing Director, Strategic Solutions for ComplianceHR. She is a leading authority on federal and state wage-hour laws and prevailing wage laws.

At Littler, Ms. McCutchen 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. In her role at ComplianceHR, Ms. McCutchen provides strategic direction for the company and manages development of compliance applications designed to assist employers in making key employment decisions including whether to classify workers as independent contractors or exempt from overtime.

Before joining Littler, Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, and was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.

Ms. McCutchen is on the Editorial Advisory Board of Law360, is a member of the Small Business Legal Advisory Board of the National Federation of Independent Business, is a Policy Fellow at the ACU Foundation, and serves as Chair of the Federalist Society’s Labor & Employment Practice Group. She is a graduate of Western Illinois University and Northwestern University School of Law, and clerked for Judge Daniel A. Manion on the U.S. Court of Appeals for the Seventh Circuit.

  • J.D., Northwestern University School of Law, 1990
    cum laude
  • B.A., Western Illinois University, 1987
    summa cum laude

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Publications and Multimedia
Over-Regulating Overtime? - Podcast
Labor & Employment Law Practice Group Podcast
June 29, 2016
Donning and Doffing Decided - Podcast
Labor & Employment Law Practice Group Podcast
February 04, 2014
Supreme Court to Define the Word "Clothes" - Podcast
Labor & Employment Law Practice Group Courthouse Steps - Podcast
November 11, 2013
Sandifer v. United States Steel Corporation - Post-Argument SCOTUScast
SCOTUScast 11-06-13 featuring Tammy McCutchen
November 06, 2013