Client issue:
A dispute arose regarding the interpretation and application of statutory requirements governing the pay of supervisory employees. The parties had competing opinions about how to evaluate supervisor compensation and empirically assess compliance with the statute.
CRA approach:
CRA’s Labor & Employment team provided expert testimony through two rebuttal expert reports addressing the analyses and conclusions of the opposing expert. A detailed review of collective bargaining agreements, compensation policies, personnel records, and compensation practices was conducted to evaluate the factual and economic foundations of the opposing expert’s opinions.
The team assessed the competing approaches to measuring employee compensation, including the distinction between rates of pay and earnings, examined the role of labor market forces and collective bargaining in setting employee pay, and evaluated whether the opposing expert’s analyses were informative with respect to the statutory requirements at issue.
Client impact:
The work completed by the Labor & Employment Practice provided counsel with rigorous economic and compensation analyses addressing key issues raised by the opposing expert, and helped inform litigation strategy throughout expert discovery. The engagement demonstrated CRA’s expertise at the intersection of labor economics, compensation systems, collective bargaining agreements, and employment-related regulatory requirements.
