Independent Contractor Versus Employee

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The plaintiffs brought a wage and hours class action case in which liability and damages turned on whether thousands of workers were classified as independent contractors or employees.

The plaintiffs brought a wage and hours class action case in which liability and damages turned on whether thousands of workers were classified as independent contractors or employees. The plaintiffs’ expert opined that certain deposition responses could be used to conduct analysis and reach opinions about the class as a whole. Cornerstone Research worked with an empirical labor economist to assess the work and opinions of the plaintiffs’ expert. Our expert demonstrated that the claimed statistical sample was not “random” or “representative” of the entire class. He also assessed the reliability of the procedures used in the analysis and demonstrated that the margin-of-error calculations by the plaintiffs’ expert were inappropriate and vastly overestimated the reliability of the dataset. The case settled.