Labor & Employment
HKA has experience developing sophisticated models to analyse alleged damages claims and assess potential risk exposure in employment class action disputes. Our professionals evaluate potential damages through the analysis and synthesis of diverse employment-related data sources – including computer activity, phone records, card swipe logs, payroll systems, and scheduling data – to deliver robust, defensible insights.
Combining deep expertise in labour economics, forensic accounting, investigations and digital analytics, we support legal teams with tailored solutions that reflect the complexity of each engagement. Our track record spans disputes involving misclassification, wage violations, and discrimination claims, and our integrated approach ensures clarity, credibility and strategic value at every stage.
Why HKA
HKA has supported clients across a wide spectrum of labour and employment matters, including:
- Employee Misclassification
- Unpaid Meal and Rest Breaks
- Standby Pay Violations
- Sales Commission Chargebacks
- Minimum Wage Violations
- Company Uniform Policies
- Non-Payment of Straight Time and Overtime
- Failure to Reimburse Expenses
- Employee Terminations
- Alleged Discrimination
- Donning and Doffing Claims
- Mileage Reimbursement Disputes
- Teamsters Hearings and Arbitration Forums
Our experts have conducted economic studies of:
- Compensation and fringe benefits
- Retirement and pension plans
- Stock options
- Appropriate period of loss
- Wage escalation and discount rates
- Replacement compensation, including valuation of closely held companies and small businesses
- Prejudgment interest and discounting future earnings
- Life and employment expectancy modelling
Our Experience
HKA integrates digital tools and forensic data techniques to enhance the precision and defensibility of our analyses.
Our capabilities include:
- Data extraction and synthesis from payroll, scheduling, swipe card, phone, and computer systems
- Experience with systems such as Kronos, ADP, PeopleSoft and legacy platforms
- Advanced modelling using structured and unstructured data
- Scenario-based damage quantification
- Class member identification using employment activity, job title, supervisor, and location data
- Visualisation and reporting tools to support counsel in discovery, expert testimony, and settlement strategy
- Critique of regression analysis and statistical methodologies
Our digital analysis team works seamlessly with our forensic accounting and economic damages experts to deliver holistic insights across complex employment disputes.
HKA supports clients in navigating regulatory investigations and audits, including those conducted by:
- Equal Employment Opportunity Commission (EEOC)
- Office of Federal Contract Compliance Programs (OFCCP)
We also assist with:
- Pay equity reviews
- Wage and hour compliance assessments
- Whistleblower and retaliation claims
- Critique of reporting requirements and regulatory submissions
Our experts provide early case assessment, rebuttal of opposing expert reports, and strategic modelling to support class certification and settlement negotiations.
HKA integrates digital tools and forensic data techniques to enhance the precision and defensibility of our analyses.
Our capabilities include:
- Data extraction and synthesis from payroll, scheduling, swipe card, phone, and computer systems
- Experience with systems such as Kronos, ADP, PeopleSoft and legacy platforms
- Advanced modelling using structured and unstructured data
- Scenario-based damage quantification
- Class member identification using employment activity, job title, supervisor, and location data
- Visualisation and reporting tools to support counsel in discovery, expert testimony, and settlement strategy
- Critique of regression analysis and statistical methodologies
Our digital analysis team works seamlessly with our forensic accounting and economic damages experts to deliver holistic insights across complex employment disputes.
HKA supports clients in navigating regulatory investigations and audits, including those conducted by:
- Equal Employment Opportunity Commission (EEOC)
- Office of Federal Contract Compliance Programs (OFCCP)
We also assist with:
- Pay equity reviews
- Wage and hour compliance assessments
- Whistleblower and retaliation claims
- Critique of reporting requirements and regulatory submissions
Our experts provide early case assessment, rebuttal of opposing expert reports, and strategic modelling to support class certification and settlement negotiations.
Representative cases
- Aaron Senne, et al. v. Office of the Commissioner of Baseball, et al. (U.S. District Court, Northern District of California) – Analysis of class certification and class-wide damages in a wage-and-hour suit related to the alleged failure to pay minimum wage to minor league baseball players.
- Employee Misclassification (Video Game Developer) – Evaluated potential class membership and damages exposure in a wage-and-hour matter involving software engineers and graphic designers for a major video game developer. Work included reviewing job functions, classifications, and geographic locations for employees allegedly misclassified as exempt employees. Developed a risk exposure and settlement allocation model based on each employee’s work history and compensation, and prepared final claim calculations for each class member, net of required disbursements from the settlement fund.
- Off-the-Clock Allegations (Manufactured Homes) – Analysed wage-and-hour claims brought by a class of approximately 20,000 hourly employees of a large manufactured housing company alleging they were required to work off the clock without pay. Work included collecting and analysing data on recorded regular and overtime hours and wages from more than 50 plant locations. Assisted with opposing class certification, evaluated variations in recorded overtime across locations, developed a model to quantify potential overtime pay for prospective class members, and assessed the impact of overtime on the company’s incentive compensation plan and bonus pool.
- Craig, et al. v. FedEx Ground Package System, Inc. (U.S. District Court, Northern District of Indiana, Case No. 3:05-cv-00530-RLM-CAN) – Analysis of class certification and class-wide damages in a series of wage-and-hour suits related to the alleged misclassification of FedEx parcel delivery drivers as independent contractors rather than employees. Work included comparing actual earnings to hypothetical employee wages, reviewing tax returns and contemporaneous business records, researching alternative hourly rates, determining hours worked, and assessing economic benefits such as delivery route value.
- Class action matter, United States District Court – confidential settlement
Analysis of class certification and risk in a class action concerning allegations that a leading residential and commercial real estate brokerage improperly classified brokers as independent contractors rather than employees. Conducted detailed analyses of branch financial information and commission reporting data to determine the nature and level of income for each independent contractor. Examined class characteristics to identify differences among class members. Contributed to successful mediation and settlement prior to class certification.
How We Can Help You
Integrated, Cross-Disciplinary Approach
Our labour and employment experts work hand-in-hand with specialists in forensic accounting, economic damages and digital analytics. This integrated model allows us to uncover insights that others miss – connecting data, context and strategy to uncover patterns, surface risks, and reveal opportunities that drive informed decisions.
Trusted by Leading Law Firms and Corporates
We are trusted by legal teams and corporate decision-makers to bring clarity to challenging employment disputes. Our experts provide strategic foresight, helping clients anticipate issues, validate claims, and navigate litigation with confidence. Whether supporting early case assessment, expert testimony or settlement strategy, we bring a credible voice to matters where precision, insight and experience make the difference.
Strategic Intelligence
HKA delivers strategic intelligence and gives clients the confidence to make informed decisions – whether assessing exposure, preparing for settlement, or responding to regulatory inquiries. Our insights are grounded in data, shaped by experience, and focused on outcomes.
