Disputing or Leveraging Statistical Evidence in Complex Wage and Hour Litigation

Defense Techniques in Certification, Liability and Damages

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, August 27, 2014

Recorded event now available

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Course Materials

This CLE course will provide employment counsel with strategic approaches to dispute and leverage statistical evidence in complex wage and hour litigation. Our panel will review statistical sampling techniques and offer defense best practices for all phases of trial.


Statistical evidence is now an integral part of complex wage and hour litigation. In many cases, testimony of a representative sample of employees is presented as proof of the prima facie case under the FLSA. As such, counsel must be prepared to challenge the adequacy of the sample used.

However, challenging the use of statistical evidence is not an easy task because statistical sampling is highly determinative and utilized in all phases of litigation. Employment litigators need to leverage and pursue arguments and restrictions recently established in the Duran decision. 

Effective defense techniques also include challenging whether or not the sample used is in fact representative and arguing that a more individualized determination of damages is most appropriate. Statistics may also be successfully excluded at the certification phase.

Listen as our distinguished panel reviews techniques used to defend against the use of statistical and econometric evidence. Specifically, panelists will review the use of such evidence during the certification, liability and damage phases of a complex wage and hour claim.  



  1. Certification
    1. Constitutional due process
    2. Trial plan
  2. Liability
    1. Use of statistical sampling
    2. Special circumstances in misclassification cases
  3. Damages


The panel will review these and other key questions:

  • What techniques should be implemented to handle the use of statistical evidence during the certification phase of a wage and hour action?
  • How may employment counsel leverage the California Supreme Court’s decision in Duran v. U.S. Bank? How will it apply in misclassification cases?
  • What are the most effective challenges to the use of statistical sampling during the liability phase of trial?
  • How should counsel advocate for more individualized assessments of damages as opposed to an average based on the entire class? Under what circumstances?


Dean Sparlin
Dean Sparlin

Sparlin Law Office

Mr. Sparlin applies statistics and quantitative analysis to the practice of employment law. He represents and...  |  Read More

Paul F. White, Ph.D.
Paul F. White, Ph.D.

Managing Director
ERS Group

As a Managing Director of ERS Group, a national leader in statistical and economic consulting, Dr. White’s...  |  Read More

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