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ERS Group Labor & Employment Brochure

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We have provided research and testimony for over 3,000 clients in more than 1,000 significant cases, including EEOC v. Sears, Roebuck and Co.; AMAE v. State of California; AFSCME v. County of Nassau; Middleton, et al. v. Publix Stores; Bailey, et al. v. UPS; Donaldson v. Microsoft; Rhodes v. Cracker Barrel; Dukes v. Walmart.

ERS Group economists have broad experience with the application of economic , econometric and statistical analysis to employment litigation, regulatory investigations and pro-active self monitoring studies. We have performed thousands of analyses of compensation and selection (i.e. hiring, placement, promotion, termination) decisions including the decision-making process. We have many years of experience working with legal counsel and know how to present complex, technical information in understandable terms. Working closely together in teams, our Ph.D. economists, programmers and research associates produce methodologically and logically sound analyses that are relevant to the issues.

ERS Group’s experience and expertise are essential to producing sound results. We have extensive resources available for preparing studies allowing us to give exceptional service to large and small clients alike. Our litigation, regulation and self-audit capabilities include:

Understanding the processes at issue.
Applying economic theory to our understanding of the processes in our analyses.
Supervising the collection of data to ensure proper model estimation.
Performing appropriate statistical tests to assess the issues.
Designing and applying economic and statistical models.

Preparing reports, tables, and graphs that explain the findings.
Assisting clients in interpreting and developing responses to the issues.
Appearing for oral depositions and formulating questions for the cross-examination of opposing experts.
Testifying in bench and jury trials.

Discrimination cases examining potential differences by race, gender, ethnicity or age often require the analysis of personnel data and payroll data within the context of relevant local and national labor markets. When data are not available, statistical sampling and surveys are conducted to enable the assessment of issues. ERS Group has the experience and resources to provide accurate data summaries and reliable statistical support for analyses of complex employment situations.

ERS Group works with company data (including payroll records, survey data and time clock entries) as well as interviews of employees; to analyze a wide range of compensation issues; including unpaid overtime, off-the-clock work, and issues arising from exempt/non-exempt status. ERS Group has provided analyses for Fair Labor Standards Act (FLSA) cases, as well as state wage and hour cases in most of the 50 states.

Pay Equity
To examine whether a compensation system pays employees equitably, ERS Group takes account of governmental guidelines, labor market considerations, business needs, experience requirements and special skills requirements for particular jobs. Whether it is in response to an EEOC or OFCCP investigation, civil litigation or an internal audit, ERS Group provides realistic information about the compensation system.

Reductions in Force
Utilizing corporate payroll data, human resource data and proposed corporate guidelines for identifying candidates for a potential reduction in force, ERS Group analyzes 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 requiring quick turn-around as well as in response to government investigations and civil litigation.

Class Action Litigation

Designing and conducting appropriate analyses in the data-intensive class action litigation environment requires experts with relevant experience and the resources to respond to the varying demands of trial and discovery schedules. Our economists assist organizations in defining which data they need and how these data should be used.

ERS Group’s experienced staff and extensive, in-house computer resources are exclusively devoted to producing economic and statistical analyses. Our large group of computer professionals utilizes powerful, state-of-the-art computer systems and software in conjunction with substantial collections of customized data, ensuring a quick, knowledgeable response to a client’s situation. ERS Group maintains a high level of security for confidential client data – qualities firms using outside computer resources can seldom match.

Expert Testimony

ERS Group economists have testified before State and Federal courts, regulatory agencies, arbitration panels and Department of Labor Administrative Law Judges. ERS Group has also assisted counsel by providing analyses for numerous matters that remained outside of court or were resolved through mediation.

ERS Group Selected Cases


*Dukes v. Wal-Mart* ERS Group was retained by Wal-Mart, Inc. 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 Wal-Mart associates.


*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.


*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.


*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.


*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.


*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.


*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.


*Donaldson v. Microsoft* ERS Group was retained by the Defendant to analyze compensation and promotion issues in this case. The Court denied class certification


*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.


*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.


*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.


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.


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.


*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.


*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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