Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as requirements for minimum wage, calculation of overtime, compensation for all hours worked, and identification of exempt and non-exempt jobs.

In this session, we will discuss topics including:

• How I/O psychologists provide essential contributions to wage and hour litigation.
• The design of quantitative and qualitative scientifically-sound research methods to investigate wage and hour allegations such as:
  • Gathering information to identify variability among potential class members during the class certification stage of litigation
  • Measuring or estimating periods of non-exempt work hours that were not compensated (for example off-the-clock work, meal and rest break violations)
  • Analyzing company documents regarding hours worked
  • Conducting wage-hour specific job analyses as input regarding evidence of exempt or non-exempt status and independent contractor or employee status

We will also discuss the October 2022 rule proposed by the Wage and Hour Division of the Department of Labor regarding employee or independent contractor status under the Fair Labor Standards Act.

Presenters: Angie Rosenbaum, Ph.D.