Berkeley Research Group (BRG)
BRG is a global consulting firm comprised of experts, industry leaders, academics, data scientists and professionals working across borders and disciplines. We harness our collective expertise to deliver the inspired insights and practical strategies our clients need to stay ahead of what's next.
BRG is honored to serve as a partner with ELA. We can assist ELA members and clients with investigations, analyses and litigation needs globally including:
- preliminary analyses to evaluate the merits of a proposed action
- assessment of commonality and methods of class-wide damage calculations relevant to class certification
- prepare estimate damages for mediation and settlement negotiations
- provide reports and testimony in single-plaintiff, multi-plaintiff, and class action matters
- evaluate/critique opposing expert analyses and reports
For more information or pricing inquiries, contact BRG’s ELA Account Representative, Mike DuMond, at any time. Or, click here to schedule an appointment to learn more.
BRG experts advise organizations and individuals, including executives, general counsel, HR departments, and outside counsel, to address complex class action and individual Labor & Employment disputes. We research, analyze and consult on cases involving employee & executive compensation, discrimination, wrongful termination, wage and hour, independent contractor versus employee misclassification, and HR management practices. BRG experts also advise organizations in proactive audits and compliance studies to determine whether adverse impact may be present.
Services
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Audits and Compliance Studies
BRG advises organizations in proactive audits and compliance studies to determine whether adverse impact may be present. Such projects include analyses of compensation/pay equity, RIF/termination, hiring/promotion, and performance ratings, and can be performed at the discretion of the organization or in connection with OFCCP compliance reviews and EEOC.
Compensation and Pay Equity
Analyses of Executive Compensation
Disputes, Litigation, and Proactive Risk Management Efforts
- Compensation paid or not paid to an executive or group of executives
- Analyses of internal equity (pay equity analyses)
- Are female executives paid equally relative to male executives?
- Analyses of external equity i.e., comparison of compensation to peers and/or relevant market
- Reasonable compensation
- ESG related analyses
- Statistical Analyses
- Damage Calculations
- Salary Surveys and Proxy Disclosures to Determine Market Pay
Stages of a Pay Equity Study
- Identify the Work Team
- Establish Privilege Protocol
- Decide the Employee Groupings
- Gather Initial Data
- Analyze and Review
- The Deeper Dive
- Refine the Analysis
- Pay Adjustments (Remediation)
- Follow-up and Monitoring
Wage & Hour
Wage & Hour Circle of Excellence
- Managerial Misclassification
- Suitable Seating
- Meal and Rest Break Compliance
- Independent Contractor Misclassification
- Off-the-Clock Work
Job Analysis
- Conduct job analyses for a wide range of jobs. Examples include nurses, casino hosts, prison guards, retail managers, restaurant servers, insurance agents, beverage delivery drivers, school police, firefighters, hockey players, bus drivers, tech engineers, call center agents, pharmacists, and shipping managers.
- Use results to evaluate compliance with a range of employment laws
- Methods typically include questionnaires, structured interviews, observation
Employee Misclassification
How to Analyze Classification
Employment Discrimination
Example:
- Employer uses a written job-knowledge test to select new employees.
- White pass rate: 30%; Black pass rate: 15%.
- Legal Question: Is the selection procedure “job-related” and “consistent with business necessity?”
Common Validation Strategies
- knowledge skills, ability (attributes measure by tests; attributes required for job performance)
- evaluation of test scores and job performance (criterion-related validation)
Personnel Selection Case Examples:
- Physical Abilities Test for Truck Drivers (Gender)
- Promotional Exams (Job Simulations) for Firefighter Battalion Chiefs (Race)
- Criminal History Screenings for Retail Employees (Race)
- Employment Interviews for Police Officers (Gender)
- Clinical Psychological Evaluations for Children’s Social Workers (Disability)
