Labor & Employment

Overview Engagements Experts Publications News & Knowledge

Mark P. Berkman

Principal | EMAIL

Economists at The Brattle Group have substantial, long-term experience providing analysis and expert testimony on matters related to labor and employment law.

Our principals work on behalf of law firms, state and federal agencies, governments, and corporations to address a variety of labor and employment law issues. We assist our public and private clients with regulatory economic consulting, litigation support, business consulting, and expert testimony before courts, regulatory agencies, legislatures, and arbitration panels.

Key labor and employment topics that Brattle economists frequently address include class certification, discrimination, wage and hour studies, economic loss and damages, salary discrimination claims, and pay equity reviews.

To address issues related to these topics and others, our team of experts conducts rigorous economic analysis based on the specifics of the issue at hand and markets in play. We take pride in the precision of our analyses as well as the clarity of our deliverables.

Areas of Expertise

Affirmative Action & Disparity Studies
Brattle economists have conducted numerous disparity studies for local and state government agencies to aid in the development of effective and legitimate affirmative action programs. These studies, often referred to as Croson studies in reference to the precedent setting Supreme Court decision, require sophisticated analyses of labor markets and firm availability accounting for race and gender. We employ methods and techniques designed to withstand legal scrutiny and have provided assistance to our clients when affirmative action programs based on these studies have been challenged in the courts.
Discrimination & Wrongful Termination
Economists at The Brattle Group have conducted statistical analysis of discrimination claims in both class action and single plaintiff cases and in all phases of litigation. We perform empirical analyses to estimate the impact of, and damages associated with, alleged discrimination and wrongful termination. We have worked on behalf of the NAACP, corporations, county and city agencies, and financial institutions, as well as individual plaintiffs.
Wage and Hour Disputes
Brattle economists have substantial experience helping clients comply with Fair Labor Standards Act (FLSA) regulations, as well as responding to alleged violations. We have performed numerous wage and hour studies, which often involve the analysis of large sets of data to determine whether infractions have occurred. We have also worked with several of the leading time management systems that are often involved in these disputes.
Employment Impact Studies
Our team is often called upon to estimate the labor impacts of proposed regulations, plant openings and closings, and electricity and water rate changes. We estimate the net job losses or gains associated with these events, and depending on the circumstances, we may rely on national and regional models, including IMPLAN® and REMI®, to calculate these impacts. We have completed these studies for clients in a diverse set of industries, including furniture manufacturers, pulp and paper manufacturers, solar and wind generators, electric utilities, water utilities, local governments, and Native American tribes.

Engagements

REPRESENTATIVE ENGAGEMENTS

Below is a list of representative engagements for our Labor & Employment practice.

Improper coding of work and overtime hours

For a large grocery chain, a Brattle economist has experience extracting the relevant data from a time management system in order to test claims that work hours and overtime hours for certain employees in specific job classifications were improperly coded.

Evaluation of record maintenance

For a major trucking company, members of The Brattle Group assessed whether break and lunch records were properly maintained at various locations within a region and whether such records indicated employees were not given required breaks and lunch periods.

Driver hour restrictions

On behalf of a national trucking trade association, a Brattle economist has experience calculating the employment impacts of proposed regulations regarding driver hour restrictions under review by the U.S Department of Transportation. This analysis was part of a broader study of the costs and benefits associated with the proposed restriction.

Disparity studies for minority-owned firms

After a state transportation department’s program to promote the hiring of minority- and woman-owned firms was challenged in court, a Brattle economist was retained to review the disparity study that underpinned the program. Our testimony and supplemental analyses was credited with helping overcome the challenge on summary judgment.

Discrimination in local labor markets

A Brattle economist has experience conducting a disparity study for a large regional transit agency using multiple regression analysis to demonstrate the presence of discrimination in the local labor market. This study provided the basis for the implementation of a race conscious hiring program for selected minority- and woman-owned firms. The agency has not faced any legal challenges.

Reduction in force analysis

On behalf of a major telecommunications firm, a member of The Brattle Group conducted statistical analyses of terminations associated with a reduction in force (RIF) in response to an age discrimination claim brought by former employees. The analyses revealed that specific skill sets and performance, rather than age, explained the composition of employees affected by the RIF. Brattle’s client prevailed in court.

Age and gender discrimination in finance

On behalf of a large financial institution, a Brattle economist conducted a statistical analysis refuting an age and gender discrimination claim brought by a former employee. The defendant won on summary judgment.

Experts

Principals

Mark P. Berkman

Principal

Mark.Berkman@brattle.com

+1.415.217.1000

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Academic Advisor & Other Outside Experts

Robert W. Fairlie

Academic Advisor

University of California, Santa Cruz

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