ERS Group Insights

Each day ERS Group’s experts interact with clients engaged in complex legal, regulatory, and business matters. Our work requires us to remain up to date with these issues, and we share our insights through our blog.

Wage & Hour Claims Rely on Data

- Thursday, June 19, 2014

In March, President Obama directed the Department of Labor to modernize the Fair Labor Standards Act, including raising the threshold dollar amount by which overtime pay is required.


The Department of Labor has set November for release of this Notice of Proposed Rulemaking (NPRM), prioritizing it as “economically significant.” Further underscoring this governmental focus, the DOL’s Strategic Plan 2014 – 2018 sets securing wages and overtime as a core objective, and charges the Wage & Hour Division with “administering and enforcing law” to meet this goal. Assessing payroll data, timekeeping data, and other electronic business data is crucial for businesses responding proactively to these recent initiatives and to wage and hour issues in general. Likewise, attorneys seeking to evaluate the merits of a claim or to define its size and scope may find such assessments useful. Both may benefit from working with economic experts to identify and extract useful data, and in preparing sophisticated analyses to illustrate patterns and variability in overtime or off-the-clock work.


To get a fuller picture of the ways business and attorneys can benefit from the use of data and statistical analysis in wage and hour claims, contact our Wage and Hour experts and review the article, “Leveraging Employment Data to Fight Class Certification,” (Employment Law360).


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