October 14, 2011
Resolution Economics’ wage and hour practice is focused on providing economic and statistical consulting services related to class action wage and hour employment disputes. Our professionals have provided services in over 400 wage and hour class action disputes related to a variety of issues including: exempt status, independent contractor status, off-the-clock work, meal and rest break violations, improper pay calculations, and other issues. In addition to our litigation work, we are frequently retained on a consulting basis to assist employers in examining their wage and hour practices. Through our consulting and litigation work, we have developed a deep understanding of the issues and employment practices that often become the subject of class action wage and hour disputes. We have actively participated in over two hundred wage and hour mediation settings.
Our firm’s core competencies are devising scientific methods for data collection and conducting statistical analysis. Our wage and hour practice is known for devising creative approaches to collecting data related to the job content and the work activities of employees, as well as data related to how business conditions influence time worked and employees’ opportunities to take rest and meal periods. For example, we have significant expertise in designing and conducting time-in-motion studies and surveys for the purpose of collecting information related to employees work activities and behaviors. Also, we are frequently asked to critique surveys performed by other experts. Finally, we have significant expertise in designing statistical sampling approaches to assist in the cost efficient processing of large quantities of paper records.
The differentiating factor that separates Resolution Economics from other market participants is our expertise in performing statistical analysis related to class certification and merits issues. For example, we may examine issues, such as whether the data is consistent with the theory that a common set of policies, practices, and procedures resulted in relatively uniform experiences across putative class members and whether the claimed experiences of the named plaintiffs are typical and representative of the experiences of other putative class members. In addition, we will examine statistical issues related to plaintiffs’ proposed trial plan and whether statistical extrapolation based on representative testimony can be accomplished within reasonable margins of statistical error. In addition to our class certification work, we provide merits-related analysis and quantify economic exposure under different legal theories and under differing estimates of particular legal outcomes.
Analysis of class-action claims that employees are misclassified as exempt workers: