Publications Archive

The Department of Labor’s (DOL’s) September 8, 2023 Notice of Proposed Rule Making (NPRM) increases the standard salary level for the white-collar exemption to the 35th percentile of the pay distribution of full-time, non-hourly workers in the South Census region and imposes automatic updates to the salary threshold every three years.  The automatic adjustments would use the most recent quarterly data from the Current Population Survey to determine the 35th percentile of the pay distribution for full-time non-hourly workers in the South Census region. 

The Department of Labor’s September 8, 2023 Notice of Proposed Rule Making (NPRM) increases the salary threshold for the white-collar FLSA exemption.  In the NPRM, the Department explains that the purpose of the salary level test is to serve as an initial screening tool.[1]  It then goes on to downplay the extent to which the new threshold will increase the fraction of white-collar workers who will fail the salary level test by stating “the number of salaried white-collar employes for whom salary would be determinative of their non-exempt status and who earn at least the long test salary level – 3.2 million – is nearly ten times smaller than the number of salaried white-collar workers for whom job duties would continue to be determinative of their exemption status…”[2] 

While the direct-selling world was awaiting U.S. District Judge Barbara Lynn's decision in Federal Trade Commission v. Neora LLC, in which the FTC alleged that Neora operated an illegal pyramid scheme, the FTC v. Noland case largely flew under the radar.

Dr. Stephen Bronars of Edgeworth Economics analyzes the anticipated new salary thresholds for the Fair Labor Standards Act, expected to be proposed in May.

On The Consumer Finance Monitor Podcast, Edgeworth Principal Dr. Andrew Nigrinis and host Alan Kaplinsky discuss the concept of dark patterns, related regulatory action, and strategies for companies to reduce the risk of dark patterns allegations. 

Dr. Stephen Bronars of Edgeworth Economics analyzes the Federal Trade Commission’s stance that non-compete clauses reduce worker earnings across industries, saying that research doesn’t support this conclusion.

In this podcast, Edgeworth partner Michael Kheyfets discusses the economics of valuing personal information and approaches to quantifying harm in data privacy litigation.

What does it mean for “data” to have “value”? And what does it mean for the “value” of “data” to “be lost” as a result of unauthorized disclosure in a cyberattack?  This article provides an introduction for practitioners to the economic concepts behind these questions.

In this article, Edgeworth CEO Dr. John Johnson and Edgeworth President Chuck Fields, along with Kirkland & Ellis Partner James H. Mutchnik, map the DOJ’s evolving position over time and discuss both the legal and economic reasons why it is improper to presume that all such agreements should be treated under a per se standard as de facto market allocation.

The Congressional Progressive Caucus recently proposed an increase in the salary threshold that they claim will reach $82,732 by 2026 — $1,591 per week. Businesses required to accurately record the work hours and accurately calculate regular rates of millions of managers and professionals, many of whom receive bonuses and commissions, are likely to face a considerable increase in compliance costs.

In this article, Dr. George Korenko and Dr. Tram Nguyen identify dimensions along which, over aggregation and averaging, likely lead to findings of uninjured class members.

Over the past decade, there has been a notable increase in the number of class actions brought against manufacturers of food and consumer packaged goods, specifically with respect to allegations of false claims in advertising and product labeling. In such cases, plaintiffs typically allege that consumers were harmed because they paid higher prices than they would have paid had they possessed complete information.

Since the California Supreme Court issued its ruling in the Ferra v. Loews Hollywood Hotel, LCC matter, many articles have alerted California employers that the meal and rest premium payments for non-compliant meal and rest periods must be paid at the regular rate instead of the employee’s base hourly rate. 

In this article, Dr. Stephen Bronars explains that a single $56,000 nationwide salary threshold would likely result in the reclassification of many managers and professionals in low-wage states, while having much less impact in high-wage states and metropolitan areas.

Cybersecurity incidents are evolving and raising increasingly complex issues relating to class certification and economic impact.  In this article, Edgeworth Economics Partner Michael Kheyfets explores the nature of continuously evolving cyberattacks and the legal frameworks necessary to study impact and damages.

In this article Dr. Stephen Bronars quantifies the impact of the new $15 minimum wage for three contractor jobs that were identified by the White House in its announcement of the executive order. He shows that the impact of a $15 minimum wage for janitors, cafeteria attendants and nursing assistants varies substantially by metropolitan area.

In this article, Sushrut Jain explores the significant hurdle plaintiffs seeking tuition refunds will face at the class certification stage of proving that a formulaic method exists to determine damages without the need for individualized inquiry.

In this Bloomberg Law article, Edgeworth Partner Dr. George Korenko and Mary Gately, Partner at DLA Piper, discuss from a legal and economic perspective the issue of breach of contract damages arising during the COVID-19 pandemic.

In this Law360 article, Edgeworth Partners Dr. George Korenko and Matthew Milner provide a primer on the economics of class certification and discuss the application of economics to price gouging class actions.

In this article Dr. David Colino discusses a framework for economic analysis in COVID-19 business interruption insurance lawsuits that can help courts both estimate the relevant damages at issue and consider the appropriateness of plaintiffs’ claims for collection action.

In this article, published in Law360, Edgeworth Partner Dr. George Korenko and Principal Consultant Dr. Tram Nguyen discuss three key issues cited in the Court of Appeals opinion and their implications for the economic analysis of predominance in the Lamictal case and in other pay-for-delay litigations.

Headlines announcing impending layoffs and furloughs abound as the economy declines due to the spread of the COVID-19 virus and a downturn in the oil and gas sector. Depending on the demographics of their employees, some firms may be particularly susceptible to risk of adverse impact in layoff and furlough decisions.

As COVID-19 spreads throughout the country, it is especially important unscrupulous sellers do not take advantage of Americans by selling products at unconscionable prices. Dr. John H. Johnson, Dr. George Korenko, and Matthew Milner describe various concepts used when identifying appropriate benchmarks and comparators in an assessment of price gouging.

Dr. George Korenko and Matthew Milner provide 10 best practices to help practitioners overcome the hurdles of gathering detailed data in antitrust cases and make the process more cost efficient and effective for litigation.

Edgeworth Partners Dr. George Korenko and Matthew Milner build on their previously published best practices for managing data in antitrust cases, and discuss the additional considerations that become relevant when the data involves financial products.

Edgeworth Partner Michael Kheyfets' article provides a study of how economic tools are applied to the analysis of class certification and damages issues in the emerging area of data breach class actions. 

Edgeworth Partners Dr. Stephen Bronars and Dr. Deborah Foster discuss the Department of Labor's recent proposal to increase the HCE salary threshold from $100,000 to $147,414. 

In this article—published in the Journal of Economics, Race, and Policy—Edgeworth Principal Consultant Dr. Di Wu and co-author Dr. Vicki Bogan explore the influence of macroeconomic factors on household decision making as it pertains to human capital investment. The authors evaluate the relationship between macroeconomic indicators and the decision to pursue a graduate degree. 

By 2022, the California minimum wage will be $15, and it will increase annually after that based on inflation. The California white collar exemption requires that employees be paid twice the minimum wage. As a result, some employees who pass the duties test will soon be ineligible for the white collar exemption based on their salaries. Employers should review all jobs under the white collar exemption to ensure they remain above the threshold as the salary test level increases. Edgeworth's labor and employment experts have compiled a guide to the factors employers should consider when reviewing jobs with salaries close to the threshold.

In anticipation of future civil class actions related to no-poach and wage-fixing agreements, Edgeworth Partners Dr. Stephen Bronars and Dr. Deborah Foster have published a two-part primer in Law360 on wage analyses that are frequently used in employment discrimination cases and will become increasingly relevant as labor issues cross over into the antitrust arena.

In anticipation of future civil class actions related to no-poach and wage-fixing agreements, Edgeworth Partners Dr. Stephen Bronars and Dr. Deborah Foster have published a two-part primer in Law360 on wage analyses that are frequently used in employment discrimination cases and will become increasingly relevant as labor issues cross over into the antitrust arena.

Dr. George Korenko and Matthew Milner offer strategies for attorneys and experts collecting and preparing data for antitrust cases.

Dr. George Korenko co-authored this Bloomberg BNA article on "the practical, legal and policy implications" of the GOP's destination-based cash-flow tax proposal.

Edgeworth Partner Michael Kheyfets co-authored an article in Bloomberg Law's Privacy & Security Law Report.

In this article written for the ABA Consumer Financial Services Committee Newsletter Dr. Stephen Bronars explores the implications of behavioral economics on consumer financial services law.

The DOL's estimate of an additional 2.5 percent increase in the new salary threshold over three adjustments may not be accurate and likely understates its magnitude.

The pay ranges specified in the US Equal Employment Opportunity Commission's proposed EEO-1 forms are broader than the pay differences it aims to detect. While the goal of determining instances of pay discrimination is sensible, the authors show that the proposed data collection system is unlikely to accomplish the objective.

In "Turning Daubert on its Head: Efforts to Banish Hypothesis Testing in Antitrust Class Actions," Edgeworth CEO Dr. John Johnson, with Former Partners  Dr. Laila Haider and Dr. Gregory Leonard discuss the recent attempts by plaintiffs to exclude expert evidence and opinions offered by defendants' expert economists with the argument that the experts’ statistical testing of plaintiffs’ proposed methodology does not satisfy the Daubert standard for the admissibility of expert testimony. 

In this book, Dr. John Johnson applies his deep experience as an expert economist and statistician—his rigorous analyses and cogent explanations—to real-world examples of misinterpreted data, enabling readers to become smarter consumers of the data they encounter every day.

In this article published in the ABA Information Law Journal, Michael Kheyfets and Matthew Milner discuss economic analysis as it applies to litigation matters filed by financial institution classes. 

In this year’s annual transfer pricing report, Edgeworth provides an overview of the year’s critical regulatory developments and captures the practical state of transfer pricing for intangibles..

In this Law360 article, Dr. Stephen Bronars and Dr. Nathan Woods discuss the possibly profound consequences of using external benchmarks when conducting analyses of age discrimination allegations.

Mr. Michael Kheyfets, Dr. Deborah Foster and Dr. Nathan Woods discuss the 10 questions you should ask your experts who are working with your sensitive data. 

Dr. Stephen Bronars publishes “Ten Years after Katrina: African Americans in New Orleans and the Evacuation Divide” in Forbes, analyzing residents’ access to vehicles ten years after hurricane Katrina.

Drs. Bronars, Foster, and Woods discuss the Department of Labor’s (DOL) proposed salary test for the white collar exemption to the Fair Labor Standards Act (FLSA).

Drs. Deborah K. Foster, Stephen G. Bronars, and Nathan D. Woods published the article “Approaches to Hourly Rates Under DOL White Collar Rules” in Law360.

Dr. Stephen Bronars and Chuck Fields, along with Christopher Craig of O’Melveny & Myers, co-authored the article in Law360.

Sushrut Jain discusses recent trends in consumer class actions brought against manufacturers of retail food products, including the proposition of using hedonic price analyses. 

This article by Dr. Nathan Woods is the third article in a three part series discussing the statistical analysis of class certification topics in wage-and-hour class and collective actions.

This article by Dr. Nathan Woods is the second article in a three part series discussing the statistical analysis of class certification topics in wage-and-hour class and collective actions.