Data in Wage and Hour Litigation: What To Do When You Have It and What To Do When You Don't
4 November 2010
By Dr. Elizabeth Becker, Dr. Alex Grecu, Sukaina Klein, Dr. Denise Martin, Mary Elizabeth Stern, and Dr. Kent Van Liere
Wage and hour cases often require an assessment of whether data available from business records can be used to evaluate class certification or estimate damages. In situations where no even arguably relevant data exist, questions may be raised about whether sampling and survey techniques can be used to remedy these gaps. In this paper, NERA Senior Vice Presidents Dr. Elizabeth Becker, Dr. Denise Neumann Martin, and Dr. Kent Van Liere, Vice President Mary Elizabeth Stern, Senior Consultant Dr. Alex Grecu, and Consultant Sukaina Klein discuss how the application of statistics can address these issues. The authors examine examples that have arisen in a variety of wage and hour settings, including allegations of missed or short meals and breaks, off-the-clock work, improper termination pay, and misclassification/failure to pay overtime.
