Labor and Employment
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Our highly experienced labor and employment experts testify inside the courtroom and advise clients outside the courtroom on a wide range of complex economic issues related to employers, employees, and independent contractors. We provide NERA’s renowned insight and independent analysis on traditional claims and at the cutting edge of labor and employment litigation.
Wage and Hour Litigation
Our experts provide economic analysis and testimony in all manner of wage and hour litigation, including FLSA and state labor law violations, such as minimum wage, overtime and piece rate compensation, off-the-clock work, donning/doffing, and tipping cases as well as contractor misclassification and joint employer allegations. We also advise on California labor law and wage orders matters, such as those involving missed meal and rest breaks, statutory penalties, the Private Attorneys General Act, contractor misclassifications, and joint employer allegations.
Litigation Risk Management Consulting
NERA’s economic experts offer sophisticated litigation risk management consulting services, including pay equity studies, reduction in force analysis, and exposure modeling for class action and MDL cases.
Anticompetitive Wage Suppression
The regulatory focus on the interaction between antitrust and employment law is rapidly coming to the fore, and NERA economists are at the leading edge of economic analysis and insight on the labor market effects of mergers and matters involving no-poach, wage fixing, and noncompete agreements.
Labor Policy
NERA economists have significant experience assisting clients with economic impact studies, the creation of independent contractor policies, and labor trafficking studies.
Discrimination and Disparate Impact Litigation
Our team has a long history of helping clients understand the economic impact of discrimination and disparate impact allegations. Our consultants assist clients in class action and group cases, as well as matters brought by individual plaintiffs. We have provided economic analysis as part of litigation involving a variety of employer practices, including promotions, hiring terminations, and performance reviews. Our experts have assessed equal pay for substantially similar work, in cases where it was viewed as a composite of skill, effort, and responsibility. And we have provided expert analysis in matters involving fair lending concerns.
Wrongful Termination and Injury Litigation
NERA’s labor economists provide expert analysis and advise in matters of alleged wrongful termination, including those potentially resulting in economic loss, WARN Act damages, partnership disputes, and insurance-related disputes involving “key person” policies.
Regulatory Investigations
Our economics team provides clear analysis and consulting during Department of Labor regulatory investigations of possible piece rate violations, minimum wage violations, and ERISA concerns.
Complex Litigation Involving Tipping, Consumer Protection, and Deceptive Practices
Some enforcers and plaintiff lawyers have begun using laws originally designed to protect consumers as a means to address allegedly unfair or deceptive labor practices. NERA’s experienced labor economists provide analysis, insight, and expert testimony to help clients, regulators, and courts understand the underlying economics of the labor market and any possible implications of a company’s business practices.