Use Of Statistical Evidence In Complex Wage Litigation
Adam T. Klein and Tarik F. Ajami. Statistical evidence has taken its place as a core class of evidence in complex employment cases. Yet despite the centrality of statistics in the field, there is precious little caselaw addressing the use of expert statistical evidence in complex wage-and-hour litigation. However, as a growing number of practitioners have recognized, class and collective wage-and-hour litigation is as well-suited or better-suited for the use of statistical experts as are Title VII and other employment actions.
Adam Klein Discusses Unpaid Intern Litigation, Wage-Hour Issues Related To Remote Connectivity And Employer Misclassification
Adam T. Klein, attorney at Outten & Golden LLP, is interviewed by Katarina E. Wiegele, of Bloomberg BNA for the FLSA Litigation Tracker, Litigation Q & A. Reproduced with permission from FLSA Litigation Tracker, (July 12, 2013). Copyright 2013 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com
Off-The-Clock Claims From The Employee's Perspective
Employment law attorney Adam T. Klein, and Sean Farhang. Chapter 8 from Compensation, Work Hours and Benefits: Proceedings of the New York 57th Annual Conference on Labor edited by Hirsch, Samuel Estreicher 05/05/2009
In this paper we discuss legal issues relevant to off-the-clock wage and hour claims. By “off-the-clock” claims we refer to claims alleging that the defendant failed to pay an employee for work time which was compensable under relevant wage and hour law. Our primary focus is application of the Fair Labor Standards Act (“FLSA”) to off-the-clock claims.
Mandatory Arbitration of Employment Class Action Disputes: From the Perspective of Plaintiffs' Counsel
Co-Authored by Adam T. Klein and Nantiya Ruan, 776 PLI/Lit. 255, 2008
A Practitioner's Overview of the Deficiencies of the Worker Adjustment and Retraining Notification Act Twenty Years Following its Enactment
René S. Roupinian, NELA, The New York Employee Advocate, Volume 14, No. 5, June 2008
An overview from a litigator’s perspective of the main deficiencies in the WARN Act, including hurdles not contemplated by Congress that have made WARN Act litigation difficult and often nearly impossible in ways not envisioned by Congress twenty years ago. Some of these deficiencies have been addressed by the current proposed legislation, namely S. 1792 and H.R. 3920 (which the House approved in October 2007), others have not, but should be considered as critical to making WARN a viable tool for achieving Congress’ purpose of providing advance notice to terminated employees.
Employer Credit-History Checks And Criminal Record Checks Of Job Applicants For Hiring Decisions: The Illegality Under Title VII Disparate Impact Doctrine
Adam T. Klein, ReNika Moore, and Professor Scott A. Moss, May 3, 2007.
The legality under Title VII of employer use of credit-history checks as a job criterion or investigative tool is a question best answered in several parts. First, are employee credit-history checks a sufficiently widespread practice to merit the issuance of written guidance by the EEOC? Second, are employee credit-history checks an employment practice that has a disproportionately negative impact on African-Americans (and other protected groups as well)? Third, are employee credit-history checks a practice that is job-related and consistent with business necessity? Fourth, and perhaps most broadly, would barring the use of employee credit-history information in determining employment suitability comport with the goals and purposes of Title VII? Each question will be answered in turn...