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ERS Group labor economists and statisticians have provided advice, research, and testimony for over 3,000 clients in more than 1,000 significant labor and employment cases. They have broad experience with the application of economic, econometric, and statistical analysis to employment litigation, regulatory investigations, and pro-active self monitoring studies; and have performed thousands of analyses of compensation and selection (i.e. hiring, placement, promotion, termination) decisions. ERS Group’s experience and expertise produce sound results and exceptional service for large and small clients alike.
Our litigation, regulation, and proactive-audit capabilities include:
- Collect the appropriate data
- Develop statistical strategies
- Perform appropriate statistical tests
- Prepare reports
- Formulate questions for opposing experts
- Illustrate findings with graphs and tables
- Testify at deposition, hearing, or trial
- Calculate damages
Our economists assist organizations in defining which data they need and how these data should be used to design and conduct appropriate analyses for each stage of class action litigation.
ERS Group economists have prepared thousands of compensation analyses ranging from comparisons of average salaries to multiple regression analysis that examine total compensation, base salary, bonuses, stock option awards, and other components of pay.
ERS Group experts have the real-world experience to examine potential differences by race, gender, ethnicity or age through the analysis of a wide variety of private and public data, and the use of statistical sampling and surveys.
For over 25 years, ERS Group economists have testified before State and Federal courts, regulatory agencies, arbitration panels and Department of Labor Administrative Law Judges.
Whether it is in response to an EEOC or OFCCP investigation, civil litigation or an internal audit, ERS Group provides realistic information about compensation systems, taking account of governmental guidelines, labor market considerations, business needs, experience requirements and special skills requirements for particular jobs.
ERS Group experts analyze proposed lists of employees to provide an assessment of possible inequities based on age, race and gender. ERS Group’s models have been used proactively to assist in the planning of reductions and in response to government investigations and civil litigation.
Our experts use company data (including payroll records, survey data and time clock entries) to analyze issues such as unpaid overtime, off-the-clock work, and exempt/non-exempt status.
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Employment discrimination litigation for large national retailer
ERS Group was retained by a national retailer to analyze their promotion and compensation data in order to assess the plaintiffs’ claims that females were denied promotion opportunities and were paid less than males nationwide. ERS Group analyzed the promotion rates of females among those who applied for open positions. Multiple regression analyses were utilized to identify the factors that determine pay rate levels of associates.
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McReynolds v. Sodexho Marriott Services, Inc.
ERS Group was retained by Defendant to conduct extensive promotion analyses of the firm's management employees. These analyses included the collection of education and experience data for a stratified random sample of Sodexho employees. Logistic regression analyses of selections were prepared that simultaneously controlled for several factors.
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Jennings v. The Regents of the University of California, Lawrence Livermore National Laboratory
ERS Group was retained by Defendant to analyze compensation decisions among the Lab’s ranked employees. ERS Group services were requested when the Defendant was preparing a motion for Class Decertification. This matter settled after the court decertified the original class and created multiple sub-classes. ERS Group was asked to monitor their selection processes for the length of the settlement agreement.
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McDermott v. Cracker Barrel Old Country Store
Plaintiffs allege that the employer failed to pay workers after the store closed. Further, they allege that servers performed non-server duties. ERS Group was retained by the Defendant to examine these allegations.
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Brown v. Florida Department of Corrections
The Florida Department of Corrections retained ERS Group to examine the plaintiffs’ allegations that African American correctional officers were passed over in the promotion to higher officer levels. ERS Group worked closely with the defendant to understand the decision-making process and to identify the factors that were used by the Department to determine whether a candidate is promoted. This investigation led to separate analyses of training, performance evaluations, and disciplinary actions. After more than four years of litigation, the Court ruled in favor of the defendant.
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Carlson v. C.H. Robinson Worldwide, Inc.
ERS Group was retained by Plaintiffs to assess the allegation of gender discrimination in compensation and promotion practices.
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United States of America, v. Thomas G. Flowers, Director of the Alabama State Personnel Department, et al., and Alabama State Conference of NAACP Branches, Amicus Curiae
In the early 1970s, the State of Alabama was ordered by the United States to institute a number of rules one of which is the Frazer-Ballard No-Bypass Rule. ERS Group has been retained to examine the racial composition of the position appointments made by the State. This case is on-going.
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Donaldson v. Microsoft
ERS Group was retained by the Defendant to analyze compensation and promotion issues in this case. The Court denied class certification
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Rhodes v. Cracker Barrel Old Country Store
ERS Group was retained by the Defendant to analyze many different employment practices, including compensation levels, hiring, promotion, testing, and termination decisions. In this matter, the Court denied class certification.
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Middleton v. Publix Super Markets
ERS Group used information collected through discussions with Publix representatives, a review of Publix’s written policies and procedures, and its expertise in labor economic issues to develop an analysis of hiring and promotions that was consistent with the selection processes employed by Publix. ERS Group analyses were based on internal benchmarks created using the company’s electronic HR data and external benchmarks based on United States Census data.
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Cooper v. The Southern Company
Plaintiffs allege race discrimination in the promotion and compensation practices including the use of bid data by the employer. ERS Group was asked by the Defendant to analyze the selection decisions and bid data. The Court denied class certification.
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OFCCP Investigation of University Faculty Compensation
ERS Group was retained by the University of Georgia to assist them in analyzing faculty compensation levels throughout the university.
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OFCCP Investigation of Duke Energy Corporation
ERS Group assisted Duke Energy in assessing the validity of the agency’s compensation audit of their compensation data. By conducting a statistical analysis that closely reflected Duke Energy’s compensation structure, ERS Group contributed to a substantial reduction in the total value of the salary adjustments requested by the OFCCP.
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Crum v. State of Alabama
Plaintiffs allege race discrimination in the hiring and promotion practices including the review of applications by the State to determine minimum qualifications of the applicant and pre-employment testing. ERS Group was asked to examine the composition of the workforce and selection decisions.
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ERS Group Provides Pro Bono Assistance to the Georgia Legislature and the Georgia Innocence Project for Clarence Harrison
Clarence Harrison was wrongfully incarcerated in Georgia prisons for 18 years. He
was freed from prison in August 2004, after the Georgia Innocence Project used DNA testing to prove that he did not commit the 1986 rape, robbery, and kidnapping for which he was convicted and sentenced to life in prison. With information provided by the Georgia Innocence Project, ERS Group calculated the present value of Mr. Harrison's economic loss. The Georgia legislature, after reviewing all the evidence, including ERS Group's damage calculations, passed House Resolution 108 authorizing an initial lump sum payment to Mr. Harrison of $100,000, and an annuity of $45,000 annually for 20 years.
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