Federal Minimum
Wage (time-share sales): Retained
to address alleged violation of minimum wage laws for commissioned sales
representatives in the timeshare industry.
Analyzed employee and payroll databases to determine potential class
members, quantified employment duration, analyzed individual class member
compensation by relevant pay code and determined average hourly pay rates for
each employee.
Off-The-Clock (call center): Analyzed the potential
occurrence and magnitude of allegations that employees were forced to work
off-the-clock in a customer call center.
Analyzed phone and computer log-in and log-out events and shift schedule
data for potential class members to determine probable shift duration and
identify activity occurring outside of scheduled shifts.
Sales Commission
Chargebacks (cellular telephone service):
Studied the potential magnitude and damages related to sales commission
chargebacks in the cellular telephone industry.
Obtained sales commission and chargebacks data to develop analytical
models to assess historical trends and relationships in chargebacks as a percentage
of sales. Quantified aggregate
chargebacks for the time period in question.
Off-The-Clock (manufactured homes): Retained on an engagement involving
off-the-clock allegations brought by a class of approximately 20,000 employees
of a large manufactured housing company.
Collected and analyzed wage and overtime data for prospective class
members from over 50 plant locations. Analyzed
variations in recorded overtime at the plant locations, developed a model to
quantify potential overtime pay for prospective class members, and evaluated the
impact of overtime on the Company’s incentive compensation plan and resulting
bonus pool.
Unpaid Overtime
and Meal and Rest Breaks (telephone retail sales): For employee groups re-classified as
non-exempt, calculated the potential magnitude of overtime by developing and
applying post-conversion overtime rates to weeks worked pre-conversion. Determined employment duration in relevant
job titles and analyzed potential statutory penalties for missed meal and break
periods.
Sales Commission
Chargebacks and Expense Reimbursement (paper products): Analyzed the magnitude of potential damages
related to deductions taken from sales representative commission payments. Identified potential class members,
aggregated and classified commission deductions by type, estimated deductions in
cases of missing data based on statistical sampling, analyzed changes in the
sales compensation plans over time, and evaluated related economic offsets.
Race and Gender
Discrimination (oil company): Retained
by an international oil company in a matter involving alleged race and gender
discrimination of a group of senior level employees. Analyzed and compared historical salaries,
fringe benefits, timing of promotions, raise levels, positions and other
factors for the plaintiffs and other employee cohort groups.
Company Uniform Policy (clothing retailer): Assisted
a major apparel manufacturer and retailer evaluate potential damages related to
allegations that the Company’s uniform policy violated state employment
laws. The proposed class alleged that
the Company’s policy of requiring store employees to wear the Company’s current-season
fashions caused economic harm to the employees.
Analyzed records for purchases made by over 3,000 employees in the
Company’s 30 stores over a five-year period to identify excessive purchases,
non-uniform purchases and other transactions unrelated to the plaintiffs’
allegations.
Unpaid Wages
and Meal Breaks (contract packaging company): Assessed potential damages related
to allegations that employees were not compensated for all hours worked.
The proposed class alleged that class members worked without being provided
meal periods and without being compensated for meal periods that were not
provided. Analyzed data recorded in the company’s punch clock database
and weekly payroll information to determine the amount of unpaid wages for each
employee over a five-year period, as well as whether or not meal breaks were
properly provided.