Statistical Evidence in Wage and Hour Class Actions: Impact on Certification and Trial
Disputing or Leveraging Representative Sampling to Prove Classwide Liability and Damages
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will arm employment counsel with the latest strategic approaches for disputing or leveraging the use of statistical evidence to establish classwide liability in wage and hour actions. The panel will discuss recent decisions discussing the use of statistical evidence, review statistical sampling techniques relevant to wage and hour cases, and examine best practices for employment counsel going forward.
- Representative evidence and liability
- Plaintiff strategies for leveraging statistical evidence
- Defense strategies for attacking statistical evidence
The panel will review these and other key issues:
- How to meet the Daubert standard to have the statistical analysis admitted under Rule 702
- What types of statistics can be introduced during certification and trial, and what are the proper ways of utilization?
- What are the most effective challenges to the use of statistical sampling?
- Under what circumstances should counsel advocate for alternative ways to prove damages as opposed to extrapolating from samples?
Kevin T. Barnes
Law Offices of Kevin T. Barnes
Mr. Barnes is one of the first attorneys to litigate wage and hour cases in California beginning in 1997 and has tried... | Read More
Mr. Barnes is one of the first attorneys to litigate wage and hour cases in California beginning in 1997 and has tried three class action wage and hour cases, one of which resulted in a $32.8 million Statement of Decision which led to a $60 million lump sum settlement. Mr. Barnes is at the forefront of litigating what is required for a viable trial plan in wage and hour class cases. At the trial court level, he has settled numerous wage and hour class action cases for several hundred million dollars. Mr. Barnes has and continues to be involved in numerous favorable appellate court decisions over the last 20 years which have been very important in the creation and preservation of wage and hour class action law.Close
Ms. Forsey handles all facets of the litigation and trial process in labor and employment disputes. She has significant... | Read More
Ms. Forsey handles all facets of the litigation and trial process in labor and employment disputes. She has significant experience in defending wage and hour class actions, including claims for overtime pay, meal and rest period violations, misclassification, prevailing wages and claims concerning premium pay issues. Ms. Forsey has successfully defended labor and employment disputes under both state and federal law, including harassment, misclassification, discrimination, whistleblowing, and retaliation. In addition to civil litigation matters, Ms. Forsey regularly represents employers in matters before governmental agencies and assists employers in handling regulatory audits. She also provides strategic advice to employers on a full spectrum of employment compliance issues; including local ordinances, wage and hour compliance, employee terminations, responding to employee leave requests, trade secret theft, and employee privacy.Close
Jeffrey S. Petersen, Ph.D.
Allman & Petersen Economics
Mr. Petersen, Ph.D. has served as a statistical and damages expert for plaintiffs and defendants in over 70 class... | Read More
Mr. Petersen, Ph.D. has served as a statistical and damages expert for plaintiffs and defendants in over 70 class action wage and hour cases. Many of these cases involved using a data sample to show classwide liability and damages. He has authored peer-reviewed journal articles on conducting surveys in class action wage and hour cases and statistical inference from sample data.Close