ERS Group experts help federal government agencies address employment issues with analyses combining rigorous quantitative methods with a thorough understanding of agency policies and data.  For over 30 years, and in support of over 20 different federal agencies including the Departments of Justice, Veterans Affairs, State, Education, Homeland Security, and all four uniformed components of the Department of Defense, ERS Group has helped the federal government on dozens of employment matters.

Analyses related to civilian federal employees

ERS Group’ consultants and experts have experience with the data, policies and processes that affect civilian federal employees:

  • Selection by Merit Staffing, Delegated Examining Unit authority, or OPM certificate
  • Noncompetitive promotions including career ladders
  • Job assignments
  • Internet-based application systems
  • Back pay liability, including pensions (CSRS and FERS)
  • Wage and hour issues (FLSA and Title V)
  • Environmental differential pay
  • Job assignment
  • Performance appraisals and bonuses
  • Reductions-in-force
  • Termination
  • OPM’s Central Personnel Data File; DCPDS; DFAS; RIF retention registers; and other Federal data types

Consulting and Testimony

Our experience includes providing consulting services and testimony in federal district courts, federal civilian labor arbitrations, the U.S. Court of Federal Claims, and before administrative agencies such as the EEOC.

Representative Engagements

Employment discrimination litigation for a large federal agency (1)

ERS Group was retained to support a large federal defense agency in a putative class- action employment discrimination matter brought in federal district court by civilian employees. In this multi-year engagement, ERS Group experts performed a variety of analyses on topics including workforce demographics, labor markets, reductions in force, job assignments, and performance appraisals.  They testified both at a Daubert hearing that resulted in the exclusion of testimony by an opposing expert and at a jury trial on the merits that resulted in a verdict for defendant on all matters.

Employment discrimination litigation for a large federal agency (2)

ERS Group was retained to support a large federal defense agency in a class-action employment discrimination matter brought in federal district court by civilian employees. This complex multi-year engagement involved coordination with government attorneys from multiple offices/locations.  ERS Group was engaged to support development of analytical databases, including employee history databases and merit staffing databases, and to perform analyses covering a variety of topics, including workforce demographics, labor markets, applicant flow, and non-competitive promotions.  ERS Group experts authored reports and testified; they also performed backpay estimates that formed the basis for settlement and participated in settlement conferences.  ERS Group project managers played a key role in coordinating the work of the three separate contractor firms.

Federal agency class action before the EEOC

ERS Group supported a large federal defense agency in a class-action discrimination matter before the EEOC brought by civilian employees. In this multi-year engagement, ERS Group experts supported the development of analytical data bases, including collection and processing of personnel and other federal government data; performed analyses on a variety of topics, including workforce demographics, labor markets, and methods of filling vacancies; and authored numerous expert reports summarizing these efforts.  ERS Group experts also provided testimony at a hearing before an EEOC Administrative Judge that resulted in a decision in favor of the agency.  ERS Group project managers provided ongoing coordination between attorneys and multiple contractor firms and took a lead role in providing logistical and planning support for the three-week hearing.

Damage estimates in the Court of Federal Claims

ERS Group supported a large federal defense agency in two suits by employees in the Court of Federal Claims regarding various kinds of premium pay.  ERS Group experts supported the development of data bases from DFAS data and provided damage estimates that formed the basis for settlement.

Analyzing Sunday Premium Pay

In this consulting project, ERS Group experts created a large, multi-agency payroll data set and used it to analyze the proportion of employees who had received Sunday premium pay, both overall and by occupational series.

Economic damages for asbestos class action

ERS Group’s experts were retained by a large federal defense agency to provide expert testimony, economic damage estimates, and litigation support for allegations of harm due to exposure to airborne asbestos. ERS Group experts collected and provided statistical analyses of environmental air sampling and materials sampling data spanning a 25-year period.  The economic model included in depth information related to asbestos exposure provided by subject matter experts in occupational health, epidemiology, and radiology.  ERS Group experts provided testimony on the analyses during arbitration that resulted in a decision favorable to the agency.

Analysis of wage and hour claims for a large federal agency

ERS Group was retained to support a large federal defense agency in a class-action union arbitration involving allegations of FLSA and Title V misclassification and off-the-clock work.  ERS Group experts identified relevant data sources, including employee history (DCDPS) and payroll (DFAS) data, and consolidated them into an analytical database. Analyses performed included identification of the relevant employee population and estimates of economic damages.

 

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