Labor & Employment

The Resolution Economics’ Labor and Employment Services team is a market leader in providing statistical and economic support in a variety of litigation and consulting settings. Our firm has provided expert testimony in class-action, multi-plaintiff and single plaintiff employment matters alleging discrimination in hiring, promotion, pay, termination, and other employment practices on the basis of age, race, gender and national origin or ethnicity. We have managed many complex, high profile matters, many of which were national in scope. Our experts are also the most experienced in the nation at handling complex wage and hour matters, having been involved in hundreds of such matters. Our firm also provides assistance in information management, scientific statistical sampling and statistical analysis, and data collection, including surveys and observation studies, as well as consulting services for a wide range of employment practices such as EEOC, OFCCP, and DOL compliance.


Class Action Discrimination Litigation

Resolution Economics’ Labor and Employment team is one of the most experienced in the nation at analyzing class certification and merits issues in class-action discrimination disputes. We combine labor economics with thoughtful statistical modeling of the specific business processes or practices in question. Resolution Economics assists counsel in these types of matters by analyzing allegations of discrimination based on age, gender, race, or other traits across many employment practices including:

  • Recruitment, hiring, and initial placement
  • Promotions and advancement
  • Performance evaluation
  • Compensation and pay
  • Terminations and RIFs

Class Action Wage and Hour Litigation

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 firm’s core competencies are devising scientific methods for data collection and conducting statistical analysis related to a wide range of wage and hour issues. Resolution Economics assists counsel in these types of matters by:

  • Identifying, collecting, and processing the relevant data
  • Developing statistical sampling methods for data collection or analysis
  • Conducting video or in-person observation studies
  • Designing and implementing surveys
  • Analyzing issues related to class-certification
  • Analyzing issues related to liability and damages
  • Providing rebuttal to opposing experts

Single Plaintiff Employment Litigation

Resolution’s economists are frequently engaged to compute damage estimates in employments settings. The setting for these calculations include alleged wrongful termination, failure to hire, and failure to promote. Our deep understanding of labor economics principals and relevant data allows us to develop accurate and defensible solutions that often include the following considerations (among others)

  • Mitigating earnings estimated based on full range of available data
  • Incentive pay, such as bonuses and stock options
  • Economically and legally appropriate discount rate factors
  • But-for job transitions or retirement

OFCCP Compliance

Resolution Economics has a long track record of assisting OFCCP-regulated federal government contractors comply with the Executive Order 11246 and other related EEO requirements. Our comprehensive understanding of the relevant policies and regulations along with our deep understanding of the appropriate economic and statistical tools allows us to assist contracts in a number of situations, including:

  • Compensation and selection (e.g. hiring or promotion) internal reviews
  • OFCCP audit preparation and support
  • Advise on data collection and retention

Economic Damages

Resolution Economics’ Labor and Employment team is frequently asked to assist our clients with estimating economic damages in class and collective action settings. Resolution Economics assists counsel by:

  • Calculating lost wages due to allegations of discrimination
  • Calculating unpaid wages due to alleged wage and hour violations
  • Estimating potential exposure under a variety of legal theories for use at mediation
  • Assessing and providing rebuttal of opposing expert’s damages calculations

Employment Practices Consulting

In addition to our work in litigation, we are frequently retained on a consulting basis to assist employers in examining their labor and employment practices. Resolution Economics assists clients in these types of matters by:

  • Identifying and quantifying potential wage and hour violations
  • Calculating regular rate of pay and overtime adjustments
  • Conducting studies to be used in making decisions regarding Exempt v. Non-Exempt classification
  • Conducting studies and data analysis to be used in making decisions regarding Independent Contractor v. Employee classification

Labor Negotiations

Resolution Economics’ Labor and Employment team works with public and private employers who are engaged in (or preparing for) collective bargaining negotiations. Our team combines analytical expertise with detailed labor market knowledge – providing analysis that incorporates contract-specific details within the broader economic conditions that affect the employment relationship. Resolution Economics assists employers by:

  • Calculating the expected cost of contract proposals and the impact on an employer’s financial position
  • Creating dynamic workforce models to forecast and track changing workforce composition over time
  • Presenting expert testimony at arbitrations and mediations
  • Providing comprehensive government budget and fiscal assessments for public sector employers
  • Providing comprehensive government budget and fiscal assessments for public sector employers