Individualized Damages

  • Individual plaintiff cases typically deal with wrongful termination or failure to promote. We have also worked on cases involving discrimination in compensation and wrongful death or injury. See representative damage calculations for individual plaintiffs.
  • In wage and hour class actions, we assist clients in calculating exposure or damages from all types of violations, including misclassification, missed meal and rest breaks, unpaid overtime, and work done “off-the-clock.” See representative damage calculations in wage and hour class actions.
  • In other class actions, we provide damage analyses in both employment and non-employment contexts. See representative damage calculations in non-wage-and-hour class actions.
  • In commercial litigation Welch has provided damage analyses in disputes over patent infringement, breach of contract, and unfair trade practices. See damage calculations in commercial disputes.


In a lawsuit over copyright infringement, we calculated the net operating income of a television program that was produced and broadcast by a cable/satellite network.  Since the network’s owners did not track costs or revenues by individual program, we computed income from sales of advertising and sponsorships associated with the program.  This analysis relied on the company’s data on commercials, which showed whether the sponsor bought time for the subject program specifically (as opposed to all programs in a generic block of time), as well as the date, time and revenue for each commercial aired.  We computed the cost of producing the programs from invoices and contracts.  Our analysis showed that the costs of production exceeded the revenues attributable to the program.


Welch Consulting was retained by attorneys for large national food processing company to provide expert testimony regarding economic damages relating to the amount of time spent “donning and doffing.” Our economist combined employment history and payroll data with information about where in a processing line an employee was stationed in order to accurately calculate the extent to which an employee’s donning and doffing time was under compensated.

Welch Consulting was retained by attorneys representing a national accounting firm to analyze and testify about claims of misclassification of exempt employees. Our expert combined employment history and payroll information, with information tracking hours worked in order to estimate time worked in excess of forty hours a week.

Welch Consulting was retained by attorneys representing a national retailer in claims that employee bonus payments reflected improper deductions and therefore needed to be recalculated. Our economists estimated the payments after including the additional components to ascertain the difference in bonus that could be compensated. These recalculations had additional implications for which stores were eligible to provide bonuses and for the regular rate of pay at which hourly employees were compensated for overtime. Our expert provided adjusted estimates of exposure based upon these issues as well.

Welch Consulting was retained by attorneys for national home improvement retailer to calculate exposure relating to travel time. Plaintiffs claimed large amounts of damages due to uncompensated travel time and mileage reimbursements. Our economists used appointments data for outside sales representatives to develop measures of the actual distance traveled and estimates of associated travel time. Using the actual appointments data, Welch Consulting was able to establish an accurate estimate of how much time was actually spent traveling by plaintiffs.

Welch Consulting was retained by attorneys for a national arts and crafts retailer to estimate exposure for meal and rest break violations in its California stores. Our economists worked up a sampling approach to studying a representative sample of stores during representative parts of the year in order to estimate damages. These estimates were made under a number of different alternatives for waiver eligible shifts and grace period minutes.

Welch Consulting was retained by attorneys representing a national information management company to assist in generating estimates of exposure relating to misclassification claims. Our experts combined employment and payroll data in order to accurately estimate rates of pay for relevant groups of employees under different alternatives regarding the liability period, and the components of compensation to be included.

Welch Consulting was retained by attorneys for plaintiff in a wrongful termination matter involving a national homebuilder. Our expert generated estimates of, and testified about, plaintiff’s economic loss under a number of reemployment and projected earnings rebound alternatives.  Economic damages in this matter required understanding a complex compensation program that included options to purchase new homes at discounted prices, examining and explaining plaintiff’s mitigation efforts and valuing alternative reemployment opportunities.

Welch Consulting was hired by the City of Los Angeles to act as a defense witness in a case involving a minority firefighter claiming he was permanently disabled after being victimized during a station house practical joke involving dog food. Our economist evaluated plaintiff expert’s damages report, factored the City’s pension and medical benefit alternatives into damages and presented evidence of alternative re-employment opportunities outside active fire fighting.

Welch Consulting economists were retained by attorneys representing a California city police department to estimate lost earnings for a gang member who was injured during a police action. Our economist made use of unique data sources for earnings potential and work life estimates to generate earnings loss estimates under several training and employment alternatives.

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