Employment
Bardwell Consulting experts have decades of experience providing support for a broad range of employment disputes, including discrimination, wage and hour, Family Medical Leave Act (FMLA), retaliatory and public policy wrongful discharge, and contract disputes.
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Employment Discrimination: Our experts have provided services in individual and class action discrimination cases, assessing evidence in disparate impact and disparate treatment cases. We have decades of experience working for plaintiffs and defendants spanning claims of discrimination based on race, gender, national origin, religion, and age, and employment practices including pre-employment screening, hiring, terminations, promotions, compensation, and workforce utilization. At the class certification stage, our experts typically provide analyses of commonality and typicality. During expert testimony we present our statistical analysis of employment decisions. During the mediation, settlement or damages phase, we provide computation of economic damages for individual and class plaintiffs. We have developed methods using available data to handle the many facets of class-wide damages computation, including class-wide projected length of service, likelihood of promotion, mitigation, and lost earnings.
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Fair Labor Standards Act (FLSA) and state wage and hour law: We provide services at many stages of an FLSA case, including the evaluation of a common pay practice for employees at the certification stage in collective actions, and computing individual and class damages. Our experts have provided individual and complex class damages calculations from underpayment of both gap time or overtime, including estimation of unpaid pre-and postliminary work time and unpaid compensable drive time, and we have developed methods to combine available time records, employee testimony, and other sources to compute time worked where employer records are incomplete or inaccurate.
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Family Medical Leave Act (FMLA): In FMLA actions, Bardwell Consulting experts provide analysis of employer records to assess FMLA violations and compute damages.
