Wage & Hour Class Action Damages

Econagency provides economic and statistical consulting and expert witness services for wage and hour litigation under the Fair Labor Standards Act (FLSA) and state wage and hour laws. Depending on the matter, engagements can address class certification, liability, and damages issues in claims involving unpaid overtime, off-the-clock work, meal and rest breaks, minimum wage, and exempt status or misclassification. The work is led by applied economist Michael J. Buchanan, formerly a Senior Managing Director in FTI Consulting’s Economic Consulting Services practice and product leader of its Labor and Employment practice.

Wage and Hour Analysis Services

• Class certification analysis, including statistical analysis of variation across locations, time periods, and employees.
• Damages and exposure models for unpaid overtime, off-the-clock, meal and rest break, and minimum wage claims.
• Consolidation and analysis of time punch, payroll, and other timekeeping data.
• Statistical sampling, sample size analysis, and surveys.
• Evaluation of opposing expert analyses.
• Exposure estimates under a variety of scenarios for mediation, settlement discussions, and trial.

Class Certification Analysis

Mr. Buchanan has provided analyses of liability, damages, and class certification issues related to wage and hour claims. His experience includes statistical analysis of class certification issues, such as allegations of homogeneity and typicality, and involvement in designing and implementing surveys, observation studies, time-in-motion projects, and other data studies to assess class certification, liability, and damages issues related to class action matters.

Wage and Hour Damages and Exposure Models

Mr. Buchanan has conducted numerous exposure models in labor and employment matters. He utilizes some of the latest technology to analyze large datasets and to build flexible economic models to assist counsel in estimating potential exposure under a variety of scenarios for mediation, settlement discussions, and/or trial.

Employment Discrimination and Pay Equity

Mr. Buchanan has performed economic and statistical analyses related to class action and single plaintiff claims of employment discrimination, combining many data sources to analyze discrimination claims. He has also directed confidential pay equity studies for Fortune 500 companies.

Selected Matters

• In re Taco Bell Wage and Hour Actions — U.S. District Court, Eastern District of California
• Walgreen Company Overtime Cases — Judicial Council Coordination Proceeding No. 4511 (California)
• Julie Campanelli et al. v. The Hershey Company — U.S. District Court, Northern District of California
• Phyllis Carter v. Cablevision Systems Corp. / Altice USA — U.S. District Court, Eastern District of New York

This page describes the types of analysis Econagency offers, with examples drawn from Mr. Buchanan’s curriculum vitae. The analysis appropriate to any matter depends on its facts, the available data, and the questions at issue. Nothing on this page is an opinion about any particular case.