Outcome, duration and value for a case or a book, read from court records and private settlement data.Outcome, duration and value, from the record

Employment and workforce risk

Employment and labor class action data

Wage and hour, discrimination and workplace class actions move in stages. Data on how long each stage takes, and where comparable actions resolved, turns an exposure into a number a finance team can plan around.

Who this is for

Employment counsel, workforce risk and insurance managers, and the carriers behind them

Your job is to size an employment class action before the facts are fully known, and to say when the money is likely to move. The certification decision changes the size of the exposure more than any other event, so you need to know how long it usually takes to arrive and what usually follows.

Where most comparable actions satTailTime from filing to the certification ruling →
Figure 1How a stage duration band is drawn. The shaded band is the range in which comparable actions reached the certification ruling. The tail to the right is the slower actions, kept visible.Illustrative

Quantifying the exposure

Exposure in an employment class action is a function of the size of the class, the period it covers and the type of claim. Resolution ranges are read from comparable resolved actions of the same type, and stated as a band. The band separates what comparable actions resolved for after certification from what they resolved for before it, because the two ranges differ.

Duration and certification timing

The reading breaks the action into stages: pleadings, conditional or class certification, the period after the certification ruling, and resolution. Each stage has its own duration band for comparable actions in the same type of court. A plan that carries one duration for the whole action misses the point at which the exposure changes.

Certification stage timing is the most useful single input. It tells a finance team when the exposure is likely to be re-stated and how much time remains before it is.

For counsel, finance and carriers

Counsel uses the reading to set expectations on timing with the client. Finance uses it to place a provision in the right period. Carriers use it to read a notice of claim against the pattern of comparable actions and to set a reserve with the certification date in view.

What this number means

A stage band describes how comparable actions have moved. It is one input to a provision or a reserve, next to the pleadings and the facts of the action, and it is restated when a ruling lands.

Questions readers ask

How is employment class action exposure quantified?

From comparable resolved actions of the same claim type, stated as a band. The band separates resolutions reached before certification from those reached after it, because the two ranges differ.

Why does certification timing matter?

The certification decision changes the size of the exposure more than any other event. Knowing how long comparable actions take to reach it tells a finance team when the exposure is likely to be re-stated.

Who uses employment class action data?

Employment counsel setting client expectations on timing, finance teams placing a provision in the right period, and carriers reading a notice of claim against the pattern of comparable actions.

Next step

Read your claims, venues and dockets from the record.

Tell the Intelligence desk what you hold. You receive a written report from the filed record, with every figure labelled.

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