Session 1: How to Lose a Wage and Hour Case:

Statistics, Sampling and their Impact on FLSA Decisions

Fundamental problems with statistical analysis involving sampling and inference in labor and employment litigation can undermine a case. This presentation will pay special attention to statistical issues that have derailed litigation, including some that have been raised in cases ruled on by the Supreme Court, as well as in other notable cases. It will focus on the judges’ findings in important wage and hour matters. Issues to be discussed include:

  • Failing to ensure that a sample is drawn from the correct population
  • Improperly coding the sample results which invalidates a statistical analysis
  • Incorrectly drawing inferences about observations outside the population from which the sample is  derived
  • Biased assumptions about the distribution of violations

Join Dr. Daniel S. Levy and Dr. Audrius Girnius to learn how to properly conduct a sampling analysis, the pitfalls that any sampling analysis can encounter, and the fundamental problems with statistical analyses conducted by the Plaintiffs’ experts in notable wage and hour matters, as the presenters highlight judges’ comments and concerns.

About the Presenters:
Dr. Audrius Girnius, Senior Economist, has assisted employers with proactive pay studies and supported experts on a variety of Labor and Employment discrimination matters.  Prior to joining Advanced Analytical Consulting Group, Dr. Girnius was a Senior Manager / Director at Grant Thornton and Huron Consulting Group. He earned a PhD in Economics from The University of Chicago and has refereed for the Journal of Political Economy. He also has presented at the National Bar Association Labor and Employment Law Conference.

Dr. Daniel S. Levy, National Managing Director, assists attorneys with economic, statistical and computing analyses in discrimination and other labor-related cases. In various areas of litigation, he has served as an expert witness for plaintiffs and defendants, including private companies, the Department of Labor, the Securities and Exchange Commission, the Department of Justice, and the Internal Revenue Service and has presented his research to the FBI, US Postal Service, the Environmental Protection Agency, and New York State Attorney General’s Office.

Prior to founding Advanced Analytical Consulting Group, Dr. Levy was the National Managing Principal of Economic and Statistical Consulting for Deloitte Financial Advisory Services LLP. He also served as the Global Director of Economic Consulting for Arthur Andersen’s Value Solutions practice. He has also held research and consulting positions at Charles River Associates, The RAND Corporation, Needham, Harper Worldwide Advertising, SPSS Inc. and The University of Chicago Computation Center. Dr. Levy received a PhD and an AB with Special Honors in Economics from The University of Chicago.