How to Effectively Use Expert Evidence in Wage and Hour Litigation: A Comprehensive Guide for 2019
With the increasing number of wage and hour litigation brought under the Fair Labor Standards Act (FLSA), the standards for class certification have also become more rigorous, emphasizing the need to effectively use expert evidence in supplementing the defense’s legal strategies in such proceedings.
It is therefore important to evaluate the qualifications, reliability and validity of expert evidences and witnesses. Effectively using these may serve favorable litigation results.
Listen as a panel of distinguished practitioners and thought leaders organized by The Knowledge Group provide the audience with helpful insights and guidance to effectively choose, prepare and use expert evidences in wage and hour litigation. Speakers will also offer a comprehensive guide for both employers and employees on how to maximize the use of expert evidences especially in the ever-evolving legal climate.
Key topics include:
- Recent and Emerging Trends in Wage and Hour Litigation
- Practical Tips in the Effective Use of Expert Evidences
- Avoiding Legal Impediments in the Admissibility of Expert Evidences
- Qualifications in the Admissibility of Expert Evidences
- Notable Cases
- Comprehensive Guide
- Using expert testimony in class certification and liability phases –
- Experts are much more than just calculators tallying up damages from violations of wage and hour laws. The common method for calculating damages on a class wide basis is first considered at the class certification phase. I will talk about how experts effectively address the issue of individualized inquiry when modeling damages and dealing with the commonality and preponderance requirements at class certification.
- Economic experts also can speak to questions of liability. In particular, I discuss how economic incentives relate to conclusions about whether an employer did violate labor laws.
- My discussion will also cover relying on sampling to determine class wide liability and damages in a post-Tyson world.
- Consulting experts can make the difference in successful settlement negotiations –
- Until a verdict in a case has been reached, the amount of damages is not a sure thing. Experts can model exposure at any point in a litigation. This is particularly useful when considering reasonable settlement offers prior to trial. I will discuss how uncertainty about legal outcomes is built into exposure models to discount future expected damages.
Resolution Economics Group LLC
- Using experts in the discovery phase.
- Experts can assist with interrogatory question design and deposition outlines.
- Experts can, and should, be involved in selecting samples of records or class members.
- Experts can assist with identifying useful data not traditionally used in connection with wage and hour disputes.
- I will discuss several examples of data collected in the normal course of business that can be helpful in wage and hour matters.
- Survey or observation study experts can create data where no data exists to address Plaintiffs’ allegations.
- How to survive a Daubert challenge.
- Expert work must not only follow generally accepted scientific principles, but an expert must always be mindful of the fact that their work is being presented in a legal setting.
- Not all practices that would be accepted in academia will acceptable to a finder of fact. In connection with this, I will discuss several case studies where expert analysis was excluded.
- Anonymous surveys (Allstate)
- “Race Rating” (Kaplan)
- Finally, I’ll be discussing the potential risks of not engaging an expert to rebut the opposing expert and the lessons learned from Tyson.
Who Should Attend:
- Wage & Hour Litigation Attorneys
- Wage & Hour Consultants
- Employment and Labor Lawyers
- Human Resources and Personnel
- Employment Law Advisors
- In-House Counsel
- Top Level Management
- Other Related/Interested professionals
During her 15 years as an economic consultant and testifying expert, Dr. Newlon has prepared expert reports, testified, and consulted on matters involving a wide range of topics related to FLSA, state labor law, and antitrust wage suppression. Dr. Newlon has analyzed labor and antitrust claims in individual and class/collective actions (addressing questions at certification, liability, and damages phases).
In labor litigation, Dr. Newlon has significant experience with contractor misclassification, joint-employer claims, and allegations of wage and hour law violations. She has written reports and testified about classwide liability and performed damages calculations for wage and hour allegations, including extensive experience with violations of California labor statutes resulting in unpaid overtime, incorrect regular-rate calculation, missed meal penalties, timesheet rounding bias, and waiting-time and itemization penalties.
During her 15 years as an economic consultant and testifying expert, Dr. Newlon has prepared expert reports, testified, and consulted …
Alison Rose is a Partner at Resolution Economics. Ms. Rose holds a Bachelor’s degree and Master’s degree in Economics from the University of Southern California and a Master's degree in Survey Research from the University of Connecticut.
Since joining Resolution Economics in 2004, Ms. Rose has specialized in employment related litigation support, including the preparation of economic and statistical analysis for the purpose of assisting counsel in evaluating class certification, merits, and damages issues. Her areas of expertise include processing and analyzing large and complex databases. She has extensive experience in preparing analyses related to wage and hour claims including matters involving exempt status classification, off-the-clock work, meal and rest breaks, as well as other federal and state wage and hour claims. Ms. Rose has also provided litigation support for matters involving allegations of race, gender, and age discrimination in a variety of industries. She has assisted counsel at numerous mediations and has served in an expert capacity in more than a dozen matters.
Alison Rose is a Partner at Resolution Economics. Ms. Rose holds a Bachelor’s degree and Master’s degree in Economics from …
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Method of Presentation:
General knowledge of labor and employment laws
NY Category of CLE Credit:
Areas of Professional Practice
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NERA Economic Consulting is a global leader in economic analysis and consulting. With nearly 400 experts in 25 offices around the world, the firm applies economic, finance, and quantitative principles to solve complex business challenges and legal questions. Our experts advise clients and, when necessary testify, on some of today’s most difficult problems in the fields of antitrust and competition, intellectual property, securities and finance, transfer pricing, and energy, communications, and infrastructure issues. NERA is known for providing clear, independent, defensible analysis innovation in the application of economics, statistics, and data analysis.
About Resolution Economics Group LLC
Founded in 1998, Resolution Economics has become a market leader in providing expert analysis related to class-action employment matters and other complex litigation. Our professionals are experienced experts in their fields, many holding advanced degrees and credentials such as PhDs, MAs, MBAs, and CPAs. We are experienced at presenting our findings in a variety of settings, including trial, mediation, arbitration, and direct consultation.
Resolution Economics has provided consulting and expert services in hundreds of high-stakes class action lawsuits, as well as small and medium sized cases, for leading law firms, Fortune 500 companies, and government agencies across the nation. Our professionals are adept in handling cases that require the highest level of skill in economic analysis, econometric modeling, statistical sampling, and data management. We understand that our clients need to know not just what the data shows, but what it means. In every case, the data tells a “story.” Our mission is to discover that story, using economic principles and business insights to appropriately frame our statistical analyses.