Subjectivity and Statistics: Representative Testimony in Employment Class and Collective Actions News Feed

October 16, 2012—In the latest issue of Law360, Stephen Schneider, senior vice president at Nathan Associates, explores statistical standards for representative testimony used in wage and hour class actions.

Dr. Schneider notes that no “bright line” distinguishes sufficient from insufficient representative testimony, that every court appears to have its own idea of sufficiency, and that plaintiffs argue for looser and defendants for stricter statistical standards.

An expert witness in this kind of litigation, Dr. Schneider argues that nonprobability sampling—in contrast to probability or “random” sampling--is acceptable when data comprising the representative testimony is subjective.

Read Using the Right Tools for Analyzing Class Wage Cases.

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