• Wage and Hour

• Misclassification
• Meal and Rest Break Compliance
• Donning and Doffing
• Off-The-Clock Work
• On-Duty Meals
• Tip Pooling

• Employment Discrimination

• Age
• Disability
• Gender
• Race

• Selection and Test Validation

• Advice and Strategy

• Job Design
• Organizational Structure and Work Processes
• Deposition Strategy
• Expert Critiques

Misclassification

There are several components to the legal requirements for designating the correct classification of a job. These requirements can differ by position, exemption, and by state. Our studies focus on the percent of time spent on specific tasks, on different categories of tasks, and the level of discretion and independent judgment exercised on the job. 

When evaluating the classification of a job as “exempt” or “non-exempt”, we measure the amount of time spent on exempt vs. non-exempt work. We also measure other aspects of how incumbents spend their time such as the proportion of time spent on managerial tasks, making decisions, and the level of control the incumbent has over the business operations of the company. When evaluating an individual’s independent contractor status, we collect data regarding specific aspects of the work, such as the amount of control the employer exerts over the individual’s work, where the work is being performed, and whether he or she furnishes his own equipment or tools.

Through years of experience conducting job analyses for litigation support purposes, we have developed tools that accurately determine the tasks incumbents perform, the amount of time they spend on these tasks, and their level of discretion. After we have completed our studies, we assist clients in maintaining their compliance with employment regulations. We work with them to develop customized measurement tools that can be used internally on an ongoing basis to ensure the accurate classification of employees.