In determining if a Plaintiff made extensive efforts in their job search following their alleged wrongful termination, economic experts should look into several key factors.  Lawyer’s should be very familiar with these factors in order to best represent their client, whether Plaintiff or Defense.

  1. How many jobs has your client applied to and are they similar to the position they were terminated from?  A major point of attack experts should address in their reports will examine if the Plaintiff has performed a sufficiently diligent replacement job search. In Texas, individuals are granted unemployment benefits provided they apply for a minimum of three jobs per week.  This number can be used as the threshold for determining if a Plaintiff has done his or her due diligence in finding replacement employment after the alleged wrongful termination.
  2. How long has the Plaintiff been unemployed?  Widely accepted labor market data from the U.S. Bureau of Labor Statistics can be utilized to determine the average range an individual with a similar job position, in the same job market, would expect to be unemployed.  If the Plaintiff has been unable to find replacement employment within the typical unemployment duration, it is not likely they have performed a sufficient job search.
  3. How many job openings were available in the Plaintiff’s job market at the time of their termination?  Again, data from the U.S. Bureau of Labor Statistics can be utilized to determine job openings per month that the Plaintiff would have been qualified to hold.  In many cases, there are a significant number of job openings in the area the Plaintiff is searching.  Occasionally, a Plaintiff’s job search records will reveal that they have applied to jobs in multiple job markets, sometimes spanning across several states.  To a defense attorney requesting a mitigation analysis, this is music to their ears.  The more markets a Plaintiff makes themselves available to, the more markets experts can include when determining a number of job openings.  This only increases the number of jobs the Plaintiff could have held had they performed a sufficient job search and strengthens the argument that they have not performed such as search.

Employment lawsuits involving wage and hour disputes can get very messy, very fast.  However, it is critical to determine if the data and the case will require an outside expert early on in the lawsuit.  The more hands and the more opinions on how to produce the result that is desired can only lead to more confusion.  Finding an expert that will know exactly how to work with your data and has a clear objective for finding the answer to your question will save attorneys and clients time, money, and frustration.

A majority of wage and hour disputes consulting firms encounter involve lost meal or rest breaks, time clock rounding, misclassification, or unpaid overtime.  Each of these types of disputes are different, however they all rely on the same type of data, time punch records and payroll records.  Without proper records of the employees, there can be no analysis.  Depending on the company involved and the nature of the case, these records can expand into the tens of millions of observations.  Experts will have the resources and statistical tools to compute large sets of data and export information that will reveal the severity or lack of severity, of the claims.

Essentially, if you find yourself diving in deep and losing yourself, as well as losing your question, in the data, call an expert.

Follow EmployStats on Social Media

Posted by Matt Rigling and Susie Wirtanen | Employment

EmployStats is dedicated to providing our clients and employment lawyers with up to date information regarding employment law, including law changes, innovative implications, and statistical uses in employment litigation.  Stay informed by following EmployStats on Twitter @employstatsnews and on LinkedIn at EmployStats.


For all news and publications related to equal pay and employment law, follow @equalpayact on Twitter and @CaliforniaEqualPay on Facebook.  Register for our employment CLE sponsored by EmployStats to hear about recent equal pay cases and their implications, as well as the use of statistics in employment litigation. Link:

Dwight Steward, Principal Economist at EmployStats, will be a featured speaker at the upcoming employment law CLE in San Francisco on July 12, 2017.  The CLE will be taking place at the Bently Reserve in downtown San Francisco, CA, and will be discussing the recent California Equal Pay Act.


Dwight Steward, Ph.D., is the author of the book Statistical Analysis of Employment Data in Discrimination Lawsuits and EEO Audits.  The statistical guide for attorneys and human resource professionals provides managers and courts with empirical evidence that goes beyond anecdotes and stories.


The textbook presents the methodologies that are used in statistical employment data analyses.  The book uses a non-mathematical approach to develop the conceptual framework underlying employment data analyses, so that professionals starting with no background in statistics can easily use this book as a tool in their practice.


Visit to register to hear directly from Dwight Steward at the July 12th employment law CLE in San Francisco, CA.


Interested in purchasing Dwight Steward’s statistical guide? Find it on Amazon at

Upcoming CLE in San Francisco, California

Posted by Matt Rigling and Susie Wirtanen | Employment

EmployStats is sponsoring a CLE seminar discussing the California Equal Pay Act on July 12, 2017 from 9:00AM to 1:15PM at the historic Bently Reserve. The Bently Reserve previously served as the San Francisco Federal Reserve Bank for nearly 60 years.  Now, the Bently Reserve represents one of San Francisco’s greenest venues and is included in the National Register of Historic Places.  


Located in the heart of San Francisco’s financial district, the Bently Reserve is located near many shops, restaurants, and other world renowned landmarks.  Attendees, whether familiar or new to the San Francisco area, will be able to explore well known sights within walking distance of the Bently Reserve such as the San Francisco-Oakland Bay Bridge, the Ferry Building Marketplace at Embarcadero, Chinatown, and the Transamerica Pyramid after the seminar.  


Attendees will receive complimentary breakfast and lunch catered by Boudin Bakery, known for their classic sourdough bread, in addition to hearing from our accredited speakers Lori Andrus, Jessica Stender, David Neumark, Ph.D., and Dwight Steward, Ph.D.  Speakers will be covering a wide range of topics surrounding the California Equal Pay Act and the implications of the Act, including recent equal pay related cases and the use of statistics for future employment litigation.


Looking to enroll? Visit:

Insight into CLE Speaker Jessica Stender

Posted by Matt Rigling and Susie Wirtanen | Employment

Jessica Stender, Senior Staff Attorney at Equal Rights Advocates (ERA), will be one of the accredited speakers at the employment CLE sponsored by EmployStats. Jessica is responsible for leading ERA’s Women at Work Initiative by supporting and developing ERA’s litigation and other gender justice-related advocacy work, with a focus on employment-related cases and projects.

Previously, Jessica was a Civil Rights Fellow at the public interest class action firm Goldstein, Borgen, Dardarian & Ho, where she represented workers in civil rights and employment class action cases. Jessica graduated from U.C. Berkeley School of Law (Boalt Hall) in 2009, where she served as Senior Executive Editor of the Berkeley Journal of Employment and Labor Law, Co-Chair of the Student Liaison Committee for Faculty Appointments, and Co-Chair of the Boalt Hall Chapter of the National Lawyers Guild.

Jessica Stender’s extensive knowledge and experience in employment law in California, will offer the CLE attendee’s great insight into the current policies and practices revolving around the Fair Pay Act.

To hear directly from Jessica Stender, register for our employment law CLE in San Francisco here:

Upcoming Employment Law CLE Seminar

Posted by Matt Rigling and Susie Wirtanen | Employment

EmployStats is sponsoring an upcoming employment law Continuing Legal Education (CLE) seminar at the Bently Reserve in San Francisco, California on Wednesday, July 12, 2017.  This CLE discusses the impact of California’s recent Equal Pay legislation on equal pay and gender gap related litigation.  


The attorney speakers will discuss important recent equal pay related cases and employment law developments related to the California Fair Pay Act (CFPA) legislation.  The economist speakers will discuss CFPA and the use of statistics in recent cases and implications for use in future employment litigation.


The attorney speakers include Lori Andrus of Anderson and Andrus LLP, and Jessica Stender of Equal Rights Advocates (ERA).  Lori Andrus was the lead Plaintiffs’ attorney in the nationwide Farmers Insurance gender pay discrimination class action lawsuit.  Jessica Stender leads ERA’s Women at Work Initiative, and performs gender justice-related advocacy work focused on employment-related cases and projects.


The economist speakers include David Neumark and Dwight Steward.  David Neumark, a Professor of Economics at UC-Irvine, is a renown labor economist who has performed extensive research on wage disparity related issues.  Dwight Steward, Principal Economist at Employstats, has performed statistical analyses in major employment discrimination class action lawsuits across the country.


For more information on the upcoming employment law CLE and registration, please visit:

Upcoming EmployStats CLE Seminar

Posted by Matt Rigling and Susie Wirtanen | Employment, Wage and hour cases

EmployStats is hosting a CLE seminar in San Francisco, California on July 12, 2017 at the prestigious and historic Bently Reserve.  Our intensive Continuing Legal Education event will focus on California’s recent Fair Pay Act, and allegations of Fair Pay Act violations from both the experienced attorney and expert witness perspective.

Attendees we will hear from Lori Andrus, the attorney in the 4 million dollar Farmers Insurance lawsuit. There will also be a discussion by David Neumark, Ph.D., regarding his research into labor market discrimination.  Additionally, attorneys will hear directly from EmployStats Principal Economist Dr. Dwight Steward regarding his expert witness experience with discrimination allegations, as well as insight into the calculations and theories that make up loss of earnings analyses.

For more information on the upcoming CLE and registration, please visit our website at 

Who is David Neumark, Ph.D.?

Posted by Matt Rigling and Susie Wirtanen | Economics, Employment, Statistical Analysis

We are joining forces with David Neumark, Ph.D., an expert on labor market discrimination in California, to bring a new air of expertise to the EmployStats team.  Dr. Neumark is the Chancellor’s Professor of Economics at U.C. Irvine, and has previously taught at Michigan State after starting his career at the Federal Reserve.  His primary work has focused on age and race discrimination, researching into new theories, as well as offering expert consulting for these discrimination cases.  Our highly skilled researchers will be providing support for Dr. Neumark in many of his large, complex employment litigation cases.  We are excited to have him on board!


The Occupational Employment Statistics (OES) program, conducted by the Bureau of Labor Statistics (BLS), provides employment and wage information by occupation and geographic location. Hourly and annual mean and median wages are available for more than 800 different occupations at the national, regional, state, and MSA level.

According to the latest OES news release, the healthcare industry employed 12 million people in May 2015, which represents nearly 9% of the nation’s total employment. Registered nurses (2.7 million), nursing assistants (1.4 million), and home health aides (820,630) were the largest healthcare occupations.

For more information, please refer to