Workforce Analytics and Compliance

Ogletree Deakins’ Workforce Analytics and Compliance Practice Group provides tailored guidance and legal recommendations for a myriad of workforce issues, informed by data-driven, state-of-the-art compliance and risk assessment services. Our services encompass all stages of the employment life cycle, such as selections, career advancement, compensation and benefits, and retention, which enables employers to make informed decisions for any employment-related issue, including compliance with federal, state, and local laws. Using predictive analytics, our team identifies trends and opportunities that employers use to effectively manage their businesses. Our legal recommendations include customized data visualizations, dashboarding, and reporting.

Our Team

Our attorneys bring years of experience in defending complex systemic employment litigation, including high-stakes cases initiated by federal and state enforcement agencies. We excel in designing, implementing, and defending employment-related regulatory compliance reports, highlighting our deep proficiency in navigating federal and state employment enforcement challenges. Our unique data analytics team that includes analysts, developers, statisticians, and labor economists, led by our Director of Practice Innovation & Analytics, adeptly leverages evolving legal technologies, including artificial intelligence.

Proven Data-Driven Deliverables

Our team designs fully customizable workforce and compliance analytics, with findings accompanied by legal advice surrounding risks, key takeaways, and remediation strategies. The Workforce Analytics and Compliance team’s service offerings to employers of all sizes and industries include:

Artificial Intelligence (AI) and Algorithm Risk Assessments: Ogletree’s team is skilled in analyzing AI systems used in recruiting and selection, testing, performance, and other employment decisions helping employers minimize legal risks and design safe, effective processes.

Litigation Strategy: Our team provides comprehensive support and strategic advice for individual and complex litigation, as well as pre-litigation scenarios, to develop a unified, data-driven approach. We handle disputes related to compensation, working hours, promotions, job leveling, and hiring and firing practices. Additionally, we defend against systemic “pattern or practice” discrimination claims and excel at negotiating favorable resolutions that minimize publicity, reporting obligations, and monetary payments.

Diversity, Equity, and Inclusion and Equal Employment Opportunity: Ogletree proactively partners with employers to design, assess, and implement lawful inclusion and equal employment opportunity (EEO) programs. We prepare attorney-client privileged diagnostic assessments of organizational culture, such as climate surveys, and comprehensive data analysis of employment practices to remove barriers.

Government Reporting: As regulatory requirements and enforcement priorities change, the Workforce Analytics and Compliance Practice Group is adept at providing best practices for compliance with federal, state, and local requirements, as well as preparing compliant affirmative action programs. Our team prepares and files EEO-1 reports, federal veteran reports, and state pay reporting.

Pay Equity: Our team excels in conducting privileged pay analyses and developing remediation strategies to mitigate future risks. Our experience defending employers in high stakes pay equity litigation, including class and collective actions, informs our thought leadership on pay equity issues globally and at federal, state, and agency levels.

Retention Strategy Analysis and Reductions-in-Force: Ogletree collaborates with employers to identify and address key factors driving attrition. We provide strategic guidance through all phases of restructuring, focusing on minimizing liability, controlling employment and benefits costs, and meeting legal and business obligations.