Labor & Employment

Overview

Edgeworth is a leader in evaluating complex labor and employment issues as testifiers and consultants. Our experts are well-known for developing a thorough understanding of our clients’ unique challenges and applying tailored, innovative approaches to rigorously analyze the issues. Our team combines intellectual insight; expertise in labor economics, econometrics, and statistics; practical experience; and the firm’s vast data capabilities to provide exceptional analysis in a wide range of labor and employment cases.

Our economists have been retained to offer their expertise, both as testifiers and consultants, on a variety of labor and employment topics, including:

  • Class certification
  • Gender, race, ethnicity, and age discrimination claims relating to pay, promotions, hiring, and terminations
  • Wage and hours litigation under FLSA and state specific laws
  • Claims arising from no-poaching agreements
  • Agency investigations
  • Damages and exposure analyses
  • Pay equity audits
  • Diversity, equity, and inclusion (DEI) initiatives
  • Criminal background checks
  • Compliance audits
  • Reduction-in-force (RIF) analyses
  • Single-plaintiff claims
  • Collective bargaining negotiations
  • Americans with Disabilities Act cases

Throughout the lifespan of these projects, Edgeworth routinely extracts, synthesizes, and analyzes extensive amounts of information from complex and varied employment databases. Our rigorous approach and data analysis capabilities ensure that our conclusions in both litigation and consulting stand up to close scrutiny and real-world application.

Case Highlights

Case Highlights

Insights & News

Publications

  • Published Article, Law360 | 04.26.2023

    Dr. Stephen Bronars of Edgeworth Economics analyzes the anticipated new salary thresholds for the Fair Labor Standards Act, expected to be proposed in May.

  • Published Article, A condensed version of this article was published in Bloomberg Law | 03.07.2023

    Dr. Stephen Bronars of Edgeworth Economics analyzes the Federal Trade Commission’s stance that non-compete clauses reduce worker earnings across industries, saying that research doesn’t support this conclusion.

  • Published Article, ABA Antitrust Magazine | 09.13.2022

    In this article, Edgeworth CEO Dr. John Johnson and Edgeworth President Chuck Fields, along with Kirkland & Ellis Partner James H. Mutchnik, map the DOJ’s evolving position over time and discuss both the legal and economic reasons why it is improper to presume that all such agreements should be treated under a per se standard as de facto market allocation.

  • Published Article, Law360 | 06.13.2022

    The Congressional Progressive Caucus recently proposed an increase in the salary threshold that they claim will reach $82,732 by 2026 $1,591 per week. Businesses required to accurately record the work hours and accurately calculate regular rates of millions of managers and professionals, many of whom receive bonuses and commissions, are likely to face a considerable increase in compliance costs.

  • Published Article, Law360 | 05.11.2021

    In this article Dr. Stephen Bronars quantifies the impact of the new $15 minimum wage for three contractor jobs that were identified by the White House in its announcement of the executive order. He shows that the impact of a $15 minimum wage for janitors, cafeteria attendants and nursing assistants varies substantially by metropolitan area.

  • Published Article, Law360 | 05.01.2020

    Headlines announcing impending layoffs and furloughs abound as the economy declines due to the spread of the COVID-19 virus and a downturn in the oil and gas sector. Depending on the demographics of their employees, some firms may be particularly susceptible to risk of adverse impact in layoff and furlough decisions.

  • Law360 | 04.15.2019

    Edgeworth Partners Dr. Stephen Bronars and Dr. Deborah Foster discuss the Department of Labor's recent proposal to increase the HCE salary threshold from $100,000 to $147,414. 

  • Edgeworth Economics | 06.18.2018

    By 2022, the California minimum wage will be $15, and it will increase annually after that based on inflation. The California white collar exemption requires that employees be paid twice the minimum wage. As a result, some employees who pass the duties test will soon be ineligible for the white collar exemption based on their salaries. Employers should review all jobs under the white collar exemption to ensure they remain above the threshold as the salary test level increases. Edgeworth's labor and employment experts have compiled a guide to the factors employers should consider when reviewing jobs with salaries close to the threshold.

  • Law360 | 05.23.2018

    In anticipation of future civil class actions related to no-poach and wage-fixing agreements, Edgeworth Partners Dr. Stephen Bronars and Dr. Deborah Foster have published a two-part primer in Law360 on wage analyses that are frequently used in employment discrimination cases and will become increasingly relevant as labor issues cross over into the antitrust arena.

  • Law360 | 05.23.2018

    In anticipation of future civil class actions related to no-poach and wage-fixing agreements, Edgeworth Partners Dr. Stephen Bronars and Dr. Deborah Foster have published a two-part primer in Law360 on wage analyses that are frequently used in employment discrimination cases and will become increasingly relevant as labor issues cross over into the antitrust arena.

  • Law360  | 06.17.2016

    The DOL's estimate of an additional 2.5 percent increase in the new salary threshold over three adjustments may not be accurate and likely understates its magnitude.

  • Law360  | 05.12.2016

    The pay ranges specified in the US Equal Employment Opportunity Commission's proposed EEO-1 forms are broader than the pay differences it aims to detect. While the goal of determining instances of pay discrimination is sensible, the authors show that the proposed data collection system is unlikely to accomplish the objective.

  • Law360 | 10.09.2015

    In this Law360 article, Dr. Stephen Bronars and Dr. Nathan Woods discuss the possibly profound consequences of using external benchmarks when conducting analyses of age discrimination allegations.

  • Law360 | 09.25.2015

    Mr. Michael Kheyfets, Dr. Deborah Foster and Dr. Nathan Woods discuss the 10 questions you should ask your experts who are working with your sensitive data. 

  • Law360 | 08.25.2015

    Drs. Bronars, Foster, and Woods discuss the Department of Labor’s (DOL) proposed salary test for the white collar exemption to the Fair Labor Standards Act (FLSA).

  • Law360 | 08.14.2015

    Drs. Deborah K. Foster, Stephen G. Bronars, and Nathan D. Woods published the article “Approaches to Hourly Rates Under DOL White Collar Rules” in Law360.

  • Law360 | 07.17.2015

    Dr. Stephen Bronars and Chuck Fields, along with Christopher Craig of O’Melveny & Myers, co-authored the article in Law360.

  • Law360 | 05.29.2015

    This article by Dr. Nathan Woods is the third article in a three part series discussing the statistical analysis of class certification topics in wage-and-hour class and collective actions.

  • Law360 | 05.28.2015

    This article by Dr. Nathan Woods is the second article in a three part series discussing the statistical analysis of class certification topics in wage-and-hour class and collective actions.

  • Law360 | 05.27.2015

    This article by Dr. Nathan Woods is the first article in a three part series discussing the statistical analysis of class certification topics in wage-and-hour class and collective actions. 

  • Law360 | 03.22.2013

    Dr. Korenko published an article in Law360 that discusses the idea of fairness in executive compensation from an economic perspective.

  • Edgeworth Economics | 08.08.2012

    Dr. Jesse David completed analysis of comprehensive concussion and injury data for the 2011 NFL season, along with comparisons to prior seasons going back to 2004.

  • Law360 | 11.01.2011
  • Antitrust Magazine | 06.28.2011

    This article examines recent class actions, including a review of the issues that affect economic analysis as it relates to antitrust matters.

  • Law360  | 06.25.2010

    Matthew Milner opined on the reliability of structured data in litigation, writing “Structured data is frequently the foundation of expert analysis in litigation for a variety of damages and liability issues."

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