Wage and hour Audits
Comply with Confidence
In addition to our work in litigation, Resolution Economics is frequently retained on a consulting basis to assist employers in examining their labor and employment practices. Working in concert with counsel, Resolution Economics assists clients in these types of matters by identifying and quantifying potential wage and hour violations, computing the regular rate of pay and overtime adjustments, conducting studies to be used in making decisions regarding Exempt v. Non-Exempt classification, and conducting studies and data analysis to be used in making decisions regarding Independent Contractor v. Employee classification.
Identifying and Quantifying Potential Wage and Hour Violations
Resolution Economics assists clients with auditing wage and hour practices for their current workforce or potential acquisitions. We devise a scientific approach to collect data on worker activities and conduct quantitative and statistical studies to determine the potential exposure to many potential wage and hour violations including, for example:
- Misclassification (Exempt v. Non-Exempt, Independent Contractor v. Employee)
- Failure to pay overtime
- Miscalculation of the regular rate of pay
- Unreimbursed business expenses
- Uncompensated vacation and benefits
- Missed meal and rest breaks
- Identify exposure to penalties under various state laws
Exempt v. Non-Exempt Classification
In order to assist our clients with auditing Exempt v. Non-Exempt classification determinations, Resolution Economics will:
- Design and conduct surveys, observation studies, and focus groups to identify how exempt employees allocate their time.
- Reviews what policies, employment practices, and operating procedures are in place and how they impact how exempt employees perform their jobs.
- Conducts analyses in order to examine the organizational structure, performance evaluation systems, and compensation / reward structures and determine what policies and procedures result in jobs that will meet the exemption criteria.
- Follows up on all audits with ongoing monitoring and consulting.
Independent Contractor v. Employee Classification
Resolution Economics is also frequently asked to assist clients with making determinations regarding Independent Contractor v. Employee classification. In order to conduct these audits, Resolution Economics:
- Identifies and collects data that can be used to address the classification decision based on the appropriate legal standard.
- Designs and conducts surveys, observation studies, and focus groups to identify and assess business decisions being made by Independent Contractors.
- Identifies relevant Census or other publicly available data sources that may provide insight or information relevant to the classification decision.
- Reviews policies, handbooks, and procedures in order to determine how they impact the classification decision.
- Follows up on all audits with ongoing monitoring and consulting.