In employment and economic damage cases, knowing the plaintiff’s re-employment opportunities and job search efforts is crucial in calculating damages. 

Each plaintiff’s knowledge and responsibilities are used to analyze labor market conditions and supplies. What makes EmployStats unique is our ability to customize and personalize labor market data to best match our plaintiff’s expertise level. We utilize a number of data sources including electronic job search data and public labor data sources such as the U.S. Bureau of labor statistics (BLS) for analyzing labor mitigation cases.

Obtaining this information based on labor market conditions and labor market supply allows us to customize our data based on each plaintiff’s characteristics making the labor mitigation analysis unique.


For more information contact us at 1-866-629-0011 or info@employstats.com.

The scope of Wage and Hour cases can extend beyond traditional claims on overtime or off-the-clock work. The same analytical principles can extend, for example, to cases involving employee reimbursements. EmployStats has recently worked on a case in California where the Plaintiffs allege they were not reimbursed for routine miles traveled in personal vehicles between job sites, despite the Defendant’s stated policy.

The EmployStats team assessed the Plantiffs’ theory of liability and estimated unreimbursed expenses based off of the available case data on mileage, parking, and toll charges. The analysis presented to the court showed a significant difference between stated and actual reimbursements for miles traveled by the Plantiffs. Based off of the analysis and other evidence at trial, the court certified the Plaintiff class.

The EmployStats Wage and Hour Consulting team’s trial plan is as follows:

  1. First, the EmployStats team would survey a statistically representative sample of class members about the existence of unreimbursed miles, using a random sampling methodology to eliminate potential bias.
  2. Next, the team would use a similar statistical sampling methodology to determine the typical miles traveled by the class members, and combining this resulting data with mapping platforms (ex. Google Maps API) to calculate distances in miles traveled between job locations.
  3. Finally, Employstats would tabulate damages based off of these results, using publicly available data on reimbursement rates for miles traveled in personal vehicles.
A copy of the court’s order can be found though the link here: McLeod v Bank of America Court Order – Dwight Steward PhD Statistical Sampling Plan
To see how EmployStats can assist you with similar employment or statistics cases, please visit www.EmployStats.com or give us a call at 512-476-3711.  Follow our blog and find us on social media! @employstatsnews

EmployStats is honored to be attending and speaking at the upcoming National Employment Lawyers Association (NELA) Spring Seminar.  The seminar, titled Epic Advocacy: Protecting Wages in Litigation & Arbitration will take place in Denver, CO on April 12-13, 2019.  

 

EmployStats’ principal economist Dwight Steward, Ph.D., and Matt Rigling, MA, will be presenting alongside attorneys Michael A. Hodgson and Dan Getman.  The speaker’s session, Calculating Damages: Views from an Expert and Lawyers, will discuss all relevant aspects of calculating and proving liability and damages in wage and hour cases.

 

The panelists will present the options attorneys face when attempting to tabulate damages, discuss the best practices for obtaining and analyzing data, as well as discuss common wage and hour issues such as sampling and surveys.  EmployStats’ statistical experts will also provide statistical background as they relate to labor and employment class action lawsuits, such as a explaining statistical significance, confidence intervals, stratified sampling, and margin of error.

 

We hope to see you at the upcoming NELA Spring Seminar in Denver on April 13, we would love to meet and discuss how EmployStats can assist you with your wage and hour lawsuit.  To find out more about the seminar, please visit the NELA Website. For more on EmployStats, visit the EmployStats Website.

The EmployStats team is thrilled to announce a new division of expertise that we can now provide to our clients.

 

Starting in January 2019, the new Wage and Hour Data consulting division began operation under the leadership of Consultant Matt Rigling.  Matt Rigling obtained his Master’s of Arts in Economics from the University of Texas at Austin, and has been providing EmployStats’ clients with database and data analytics consulting for the past three years.  Under this new division of EmployStats, the team will strive to provide our wage and hour clients with the expertise they need in the construction and tabulation of time and pay record databases, as well as providing wage and hour penalty calculations for our clients in states such as California and New York.  

 

This type of consultation is perfect for both plaintiff and defense attorneys seeking to have the best support for their client in order to efficiently reach a settlement at mediation, as well as both private and government entities simply seeking to perform internal audits of their labor practices.  EmployStats has the capability to swiftly handle large and cumbersome data sets that can sometimes bog down attorneys and paralegals attempting to handle the analysis in-house.

 

Follow this blog as we continue to post about tips for efficiently using data to bring your wage and hour cases to settlement, updates on upcoming events, and current events in the world of labor and employment law.  For more information on Matt Rigling and the EmployStats team, please check us out on our website and social media accounts!

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David Neumark is an American economist and a Chancellor’s Professor of Economics at the University of California, Irvine, where he also directs the Economic Self-Sufficiency Policy Research Institute. Professor Neumark graduated with a B.A. in economics in 1982 from the University of Pennsylvania. He graduated Phi Beta Kappa, Summa Cum Laude, with Honors. He went on to complete his M.A. in 1985 and Ph.D. in 1987 in economics from Harvard University. His fields were labor economics and econometrics. His dissertation was entitled Male-Female Differentials in the Labor Force: Measurement, Causes and Probes, and published in parts in the Journal of Human Resources.  Professor Neumark’s research interests include minimum wages and living wages, affirmative action, sex differences in labor markets, the economics of aging, and school-to-work programs, and has also done work in demography, health economics, development, industrial organization, and finance.

 

Professor Neumark is an academic affiliate at EmployStats and will be a speaker at the employment CLE sponsored by EmployStats on July 12, 2017 in San Francisco.  Professor Neumark is a renown labor economist who has performed extensive research on wage disparity related issues, and has extensive knowledge into the current California Fair Pay Act and its implications in the labor force.  He and Dr. Dwight Steward will hold a discussion on the statistical implications of the California Fair Pay Act and the use of statistics in recent cases.

 

For more information on speakers and registration for the July 12, 2017 CLE, please visit: www.californiaequalpay2017cle.com/

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 www.CaliforniaEqualPay2017CLE.com 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 www.amazon.com/Statistical-Analysis-Employment-Discrimination-Lawsuits/dp/0615340504

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: www.californiaequalpay2017cle.com/

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: www.californiaequalpay2017cle.com/

Lori Andrus, of Andrus Anderson LLP, specializes in class actions and complex litigation. She represents female employees who are paid less than their male counterparts, and individuals who have been harmed by dangerous pharmaceuticals or medical devices, been defrauded by large corporations or sold defective products. Lori Andrus has received Martindale-Hubbell’s highest rating (AV) for legal ability and ethical standards, and has been recognized as a “Top 50” Northern California Super Lawyer in 2016. In 2015, the National Law Journal named her as one of the nation’s 75 “Outstanding Women Lawyers.”

 

Lori Andrus, most notably, was instrumental in negotiating a cutting edge settlement with Farmers Insurance on behalf of their female attorney employees who alleged they were paid less than their male counterparts doing the same work.  Lori’s extensive experience litigating class action, with specific focus involving the California Equal Pay Act, will be a great addition to our employment CLE sponsored by EmployStats on July 12, 2017 in San Francisco.  

 

Register here to learn from Lori Andrus first-hand: www.californiaequalpay2017cle.com

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: www.californiaequalpay2017cle.com