In a world increasingly driven by data, more employers are using Big Data to make critical labor and employment decisions and reduce the risk of costly legal disputes.

Against this backdrop, Littler has created its Big Data Initiative to help employers understand the Big Data revolution and to take advantage of the opportunities it has created. Spearheaded by the firm’s Global Director of Data Analytics, Dr. Zev J. Eigen, who has many years of experience in data science, econometrics, social science methodologies, statistics and the law, and a team of the firm’s experienced attorneys, Littler has the internal resources to benchmark and analyze HR and litigation strategies.

Our Big Data Initiative offers the following:

  • HR Predictive Analytics – Develop and implement artificial intelligence (or “machine learning” algorithms) and data-driven solutions that improve HR decision-making in hiring, performance evaluations, advancement, terminations and policy implementation. For example, we can help you use data to predict which of your applicants are likely to be good at the jobs for which they are being considered, which employees are likely being under or over utilized, and which employees are likely to voluntarily depart. Using predictive coding in HR can minimize implicit bias in decision making, reduce the risk of lawsuits, and maximize accuracy.
  • Data Pipeline Service – Review your HR/legal/strategic needs and examine data from diverse sources in the organization in order to create a customized list of analytic questions that can identify potential workplace issues before they generate risk, loss of revenue, costly disputes or litigation. For example, are women slower to be promoted than men? Are there discrepancies in how certain policies are applied to minority employees? Is there a relationship between the way managers are communicating and claim filing? Are non-exempt employees in different facilities or regions being paid properly for rest and meal breaks? We can perform analyses over designated time intervals to ensure that organizational decisions are made based on the most current data available.
  • Analytics Partnership – Collaborate with in-house analytics teams to produce analyses that maximize value while minimizing risk. We understand the complex array of state and federal laws governing workplace data analytics and speak the languages of your analytics and legal teams.
  • Damages Assessment – Perform substantive analysis of your data to provide mathematical assessments of proposed claims, charges, single-plaintiff, class-action and any other litigation or settlement scenarios. Littler’s expert review system ensures that you will never overpay for external consultants and we can also work to make sure that you do not generate non-attorney-client privileged analyses that could be strategically disadvantageous.

Minimize Risk and Maximize Value Using Big Data

We understand that applying data analytics to HR decisions can raise legal issues in areas such as privacy, discrimination and background checks. Meanwhile, employers whose data are managed internally or externally could face complaints that mathematical hiring formulas negatively affect certain applicants.

We will partner with you in a way that mitigates those risks. Our attorneys are well-versed in the myriad laws that govern workplace data analytics, and we can help you take advantage of the opportunities presented by Big Data in a privileged, protected environment.

Big Data Initiative Podcast

Dr. Zev Eigen explores the legal impact of big data on employers around the globe. The purpose of Littler's podcasts is to provide helpful information for employers, addressing the latest developments in labor and employment relations. They are not a substitute for experienced legal counsel and do not provide legal advice or attempt to address the numerous factual issues that arise in any employment-related issue.

Listen on iTunes

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