Using Statistical Analysis For Employee Misclassification

Law360, New York (August 1, 2013, 1:13 PM EDT) -- The U.S. Department of Labor’s Wage and Hour Division (WHD) is expanding its enforcement of cases alleging that workers have been misclassified, while private plaintiffs also continue to pursue such cases. For companies facing these claims, the existence of abundant electronic data can provide information about employees’ days and duties, and statistical analysis of this data can be a valuable tool for companies to respond to allegations of misclassification.

Recent Developments in FLSA Exemption Cases

The growth in government enforcement has been spurred by the Obama...
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