Labor and Employment Litigation, Monitoring and Audits

Analyzing the Economic Impact of Work

Labor and employment matters often involve allegations of discrimination due to applicants’ or employees’ gender, race/ethnicity, age or other protected status. The employment practices at issue may include compensation, promotion, termination, hiring or performance assessment. Our economists have extensive experience analyzing alleged violations of the federal Fair Labor Standards Act as well as similar state laws. These include allegations related to off-the-clock work, misclassification of exempt status, missed meal or rest periods and miscalculation of the regular rate of pay. Damages estimation in employment-related litigation often requires addressing topics such as the appropriate risk factor for discounting future earnings, the economically valid rate of prejudgment interest, the methodology for valuing fringe benefits, and mitigation earnings. Analysis of life expectancy and employment expectancy may also be embedded in the analysis.

We assist clients with periodic audits of their workforce and employment decisions to identify inequities or disparities. These audits help clients make employment decisions such as promotions, pay raises, and job assignments to meet their environmental, social and governance goals, to increase the productivity of their workforces and also to protect themselves against litigation.

Similarly, our economists review compliance with federal and state wage/hour laws that regulate overtime, minimum wage and the provision of meal and rest breaks, ideally forestalling problems before they occur.