Resolution Economics’ experts have been involved in more than 200 class action wage and hour matters. We are highly experienced in assisting counsel in analyzing commonality, typicality, and manageability, and trial plans for class certification issues, designing and implementing data collection methodologies, analyzing large quantities of data, presenting analyses related to merits issues, and estimating damages. In addition, we frequently are asked to present analyses and damages estimates at mediation. We have assisted counsel in cases brought under FLSA and various state wage and hour laws.

Our experts are highly experienced in analyzing liability, damages, and class-member commonality related to wage and hour claims. We are experienced in designing, implementing, and analyzing surveys and time-in-motion studies and performing forensic data analysis related to job content, exempt / non-exempt status, independent contractor / employee status, hours worked, uncompensated time, meal and rest breaks, improper pay calculations, and other issues.

Designing Scientific Data Collection Methodologies

Typically, in instances where there is little or no data available, scientific methods must be utilized to collect information from a random sample of class members for analysis.

Observation Studies-Job Shadowing

Resolution Economics utilizes highly experienced observers equipped with hand-held technology and specialized software to conduct in-person studies, which electronically record moment-by-moment changes in the subject’s activities. Direct observation studies are most useful for examining exemption issues and evaluating labor models.

Observation Studies-Video

Resolution Economics utilizes our patented video observation software to analyze randomly subjects’ work activities., which has proven to be highly effective in misclassification claims, off-the-clock work, missed meal and rest breaks, and evaluating store operations.

Survey Design, Implementation, and Analysis

Resolution Economics has designed, implemented and analyzed numerous surveys related to wage and hour issues. We have conducted and analyzed surveys related to a number of issues including: exemption issues, off-the-clock work, missed meal and rest periods, and independent contractor status.

Survey Quality Assessment and Critique

In addition to our affirmative work, Resolution Economics experts are highly proficient in analyzing and critiquing surveys conducted by other experts or opposing counsel.

Damages Modeling

We assist counsel by devising flexible, assumptions based models, which can be modified to test the economic impact of decisions on various legal issues of the case, as well as, different core assumptions in the model.

Forensic Data Studies

Resolution Economics’ core competency is analysis of complex data from multiple sources and electronic formats. Our work frequently requires us to analyze data and infer hours worked and break activity. In addition, we are highly skilled at analyzing the variability in the data to assess commonality, the typicality of the named plaintiffs’ experiences, and the impact of various legal arguments upon the data analysis and damages.

Meal and Rest Period Claims

We are highly experienced in analyzing time records, video records, and other types of data to determine meal and rest period compliance. Also, we examine whether the data indicates wide variation in meal and rest break compliance or systematic compliance across locations, departments, jobs, and/or time-periods for class certification.

Decision-Tree Analysis/ Case Evaluation Assistance

After creating an initial damages model, Resolution Economics can assist counsel in case valuation. In decision tree analysis, one determines the number of potential outcomes, the exposure related to each outcome, and then assigns a probability to each outcome. After constructing this model, one derives a probability based estimate of case valuation.

Mediation Support

Resolution Economics experts have assisted counsel in more than 50 mediations of class action disputes. Through our experience we have become known as a credible source of information among mediators.

Expert Witness Testimony

Our experts have provided testimony in Federal Court, State Courts, and other forums. We are highly experienced and effective in providing credible testimony backed by persuasive trial exhibits.

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