Sampling Determines Overtime Damages Economically and with Agreement


Courts sometimes find liability for employers who do not pay overtime accurately. We were retained by plaintiffs' counsel in more than one case where liability had been found, and counsel for both sides wanted an economical way to determine the damages. We were asked: "How many members of a certified class in a class action is it necessary to sample in order to get a good estimate of total overtime hours due?"


Analysis & Inference designed, fielded, and analyzed a sample of class members chosen to deliver a precise estimated total, plus or minus 5%, within a given level of confidence.


Both sides used our answers to agree on damages amounts.