Labor & Employment

Cirque Analytics’ experts bring precision, credibility, and a deep understanding of labor markets and economic principles to damages analyses. Proving economic harm from unlawful labor practices requires rigorous analysis that meets both economic and legal standards, transforming complex real-world disputes into defensible, data-driven conclusions that hold up in court and withstand scrutiny from opposing experts.

We collaborate closely with clients to understand case facts, relevant labor laws, and the context of the alleged violations. Leveraging economic research, industry expertise, and advanced data analysis, we develop reliable damages models that are both methodologically sound and easy for judges and jurors to understand.

Cirque Analytics specializes in quantifying damages in wrongful termination matters involving both single and multiple plaintiffs. A damages experts can play a crucial role in quantifying the economic damages associated with the alleged wrongful termination. At Cirque, we thoughtfully assess lost earnings, mitigation employment, work-life expectancy, benefits, and all other additional forms of compensation to develop robust damages estimates. 

We rely on diverse data sources, including Bureau of Labor Statistics and Occupational Employment Statistics, while carefully analyzing labor market trends. In addition to expert testimony, our work consists of preparing affirmative and rebuttal reports, as well as building sophisticated damages models. 

Whether at mediation or trial, Cirque’s Labor and Employment experts provide rigorous, data-driven insights to support your case.

Our experts have been qualified in both Federal and State Courts, to provide expert witness and consulting services in matters alleging disparate impact and/or disparate treatment of protected group of employees with respect to race, gender, and age claims. We have assisted parties and the Court with all phases of discrimination class litigation, where we have applied statistical and econometric analysis on issues related to liability, class certification, and merits. Cirque’s experts have also been retained to testify in single- and multiple-plaintiff discrimination cases, where we have performed evaluations of economic loss and mitigation. Additionally, Cirque’s experts are often called upon by companies outside of litigation to assess their potential exposure to risk or compliance with federal and state discrimination laws, labor codes, and company policies. For example, we routinely conduct pay equity and promotion studies to help companies with paying employees equitably. We also assist companies with studying equity issues surrounding stock options, executive compensation, and incentive compensation.

Cirque Analytics provides expert support in non-litigation matters, helping organizations proactively assess company policies and diversity initiatives. Our team of experienced economists and statisticians applies advanced analytical methods to extract insights from complex HR databases.

We assist clients in evaluating timekeeping system accuracy, identifying potential pay discrimination, and managing large-scale HR data systems. Our rigorous, data-driven approach enables organizations to make informed, strategic decisions while mitigating risk.

At Cirque Analytics, our experts have extensive experience in providing litigation support on wage and hour matters at both the federal and state court levels. Our team specializes in the reconciliation between payroll and timekeeping systems to examine hours worked and meal and rest break activity, often integrating information from multiple sources and formats. We frequently address issues including:

• Meal and rest breaks
• Rounding
• Off-the-clock work
• Regular rate of pay
• Alternate work week schedules
• California PAGA claims

Additionally, we develop, robust interactive exposure models that help our clients navigate mediation, arbitration, and trial. These models allow for dynamic adjustments to key parameters, such as the number of work weeks and pay periods, the statute of limitations, and other claims under consideration. 

Cirque Analytics experts apply advanced data analysis and statistical techniques to assess class certification in labor and employment cases. We analyze claims of typicality, commonality, adequacy, and numerosity, providing empirical support throughout multiple litigation phases. Our expertise extends to class definition, data discovery and production, certification motions, liability assessments, damages quantification, and settlement distribution.

Rooted in economic principles, our rigorous analyses provide thoughtful and defensible insights. Cirque Analytics has evaluated class allegations involving discrimination, wage and hour violations, and other employment-related claims, offering clients clear, data-driven perspectives to navigate complex litigation.

Personal injury and wrongful death actions frequently include a claim for loss of employability and associated loss of wages and fringe benefits. Our experts have assisted parties in assessing damages related to loss of wages and benefits in hundreds of cases in many U.S. states, in both Federal and State courts. Cirque’s experts are knowledgable in the economic fields of human capital and labor economics and understand how to apply the appropriate econometric methodologies to reliably estimate lost wages and benefits for individual workers. 

In some cases, employers are accused of wrongly classifing employees as independent contractors (or vice versa), and economists are called upon to estimate damages for the financial losses caused by the misclassification. These cases often arise under labor laws like the U.S. Fair Labor Standards Act (FLSA), state wage laws, or tax regulations. Damages in such cases require analysis of what workers were paid while misclassified compared to what they should have been paid with correct classification. Such analyses can be complicated because worker classification may affect compensation structure (e.g., hourly vs. salaried), overtime compensation, and eligibility for fringe benefits. The economists at Cirque Analytics have the experience and expertise required to evaluate employer-worker relationships and worker  responsibilities to reach conclusions about proper classification and, ultimately, quantify damages. 

Our expertise, combined with state-of-the-art computing and software solutions, enables us to rigorously analyze complex relational databases captured by companies’ enterprise data management system. We have extensive experience with processing and analyzing timecards, payroll, point-of-sales transactions, and locational tracking data, all of which can that play a critical role in wage and hour class actions and FLSA collective actions. Cirque’s experts have been retained to provide statistical and economic consulting and testimony in response to allegations of missed meal and or rest breaks, off-the-clock work, unpaid overtime, timeclock rounding, and misclassification. Additionally, our experts have been retained to evaluate sampling methodologies put forth by the parties. Cirque’s experts and staff are highly qualified in the application of statistical, econometric, and financial modeling tools that are required to identify and quantify any potential violations associated with wage premiums and statutory penalties.