ABOUT FAIR VALUE METRICS

Jason Kandel, Wage and Hour Damages Expert Witness

Jason Kandel, Wage and Hour Damages Expert Witness

Customizable, Intuitive, Economical

For over a decade we have worked closely with attorneys supporting complex litigation involving some of the largest companies in the country.

PRINCIPAL

Jason Kandel

Founder, Fair Value Metrics LLC

Jason Kandel is the founder and principal consultant of Fair Value Metrics. He spent years embedded as a data scientist at a wage and hour law firm, working on class actions from discovery through trial. That experience across the full arc of litigation provides a practical and unique perspective on what it takes to be effective as an expert witness.

Today Jason works with datasets from some of the world's largest companies across industries including trucking, health care, and insurance. He testifies regularly at both depositions and trial, builds dynamic damage models, and supports litigation teams in preparing for ESI focused depositions as well as reviewing and auditing other data driven processes.

Jason Kandel, founder of Fair Value Metrics

ECONOMICAL

Expert Work That Respects Your Budget

Fair Value Metrics is built to deliver strong, defensible analysis and expert services without putting unnecessary financial pressure on your case.

Resolve Cases Early

Flexible, convincing damage calculations with a long track record of moving cases toward settlement early, reducing the time and cost of litigation for all parties involved.

Resolve Cases Early

Flexible, convincing damage calculations with a long track record of moving cases toward settlement early, reducing the time and cost of litigation for all parties involved.

Reasonable Rates

Rates are kept competitive so we can dedicate the appropriate time to every matter without unnecessary cost pressure. The goal is long term relationships with attorneys who trust the work, not maximizing a single engagement.

Economical By Design

Damage models your team can adjust directly. Update assumptions, test scenarios, and generate fresh exhibits as your case evolves, without going back to the expert each time.

Economical By Design

Damage models your team can adjust directly. Update assumptions, test scenarios, and generate fresh exhibits as your case evolves, without going back to the expert each time.

RELIABLE

Testimony Is Always From the Expert Who Creates Your Exhibits

At Fair Value Metrics, every exhibit is created by the expert who will take the stand and defend it with a level of confidence that can only be attained by doing the work themselves, resulting in better outcomes for your legal team.

Your expert witness carries a tremendous responsibility: to present and defend your case's data and exhibits clearly, credibly, and in a way the court finds reliable. When a testifying expert is presenting work prepared by junior team members and cannot answer questions about the underlying calculations, their reliability goes out the window. The consequences are real: damages can be excluded entirely, or the court may adopt the opposing side's figures by default.

EXPERIENCE

Over a Decade of Wage & Hour Litigation Experience

Every case follows its own path, and we work with attorneys across a range of styles and strategies. But after a decade of wage and hour litigation, we have learned that the work done early sets the foundation for everything that follows, whether your case settles at the first mediation or goes all the way to trial.

01

The Path to Settlement

01

Moving towards an early mediation often encourages cooperation in discovery. This not only gives your case a good chance of settling early but establishes your team's command of the data from the start. The insight gained through this process can be tremendously valuable when it comes time to do ESI depositions and prepare for trial if the parties cannot reach a settlement.

01

Discovery Planning

Research employer systems and identify potential sources of data

01

Discovery Planning

Research employer systems and identify potential sources of data

02

Rules of Production

Often overlooked but critical. Clear production rules keep costs low by ensuring the data you receive is usable from the start.

03

Data Intake and Validation

Receive production, validate completeness, check against class list

03

Data Intake and Validation

Receive production, validate completeness, check against class list

04

Damage Analysis

Build first round of damages, flag gaps, identify risk areas

04

Damage Analysis

Build first round of damages, flag gaps, identify risk areas

05

Team Review

Walk through findings with counsel, discuss scenarios and exposure

05

Team Review

Walk through findings with counsel, discuss scenarios and exposure

06

Settlement Modeling

Build the interactive tools and exhibits your team takes into mediation

02

Choreographing ESI 30(b)(6) Depositions

Choreographing ESI 30(b)(6) Depositions

02

Getting strong testimony in a 30(b)(6) ESI deposition can solidify your case, but it is rarely easy. Every employer's systems are different, the jargon is dense, and the person testifying is not trying to make it simple for you. Having someone in your corner who can cut through the noise can make a big difference. Let us help you get the most out of these important depositions.

Timing

You need a clear picture of the available data and your overall plan for damages before taking the deposition. Go in too early and you lose the chance to ask about roadblocks or smoking guns that only surface during the damage analysis. Wait too long and there is no room to follow up if the testimony raises new issues.

Focus

Eight hours sounds like a lot of time but it goes fast. Identify beforehand which datasets matter most for your damages and exhibits and front load those. In a perfect world you would get testimony about every line of discovery, but it is important to prioritize the data that will actually show up in your case.

Focus

Eight hours sounds like a lot of time but it goes fast. Identify beforehand which datasets matter most for your damages and exhibits and front load those. In a perfect world you would get testimony about every line of discovery, but it is important to prioritize the data that will actually show up in your case.

Impeach

Use the deposition to dismantle weak arguments and shut down unnecessary rabbit holes before they ever make it to trial. If the other side is going to raise a bad argument about the data, this is your chance to take it apart on the record while you still have time to respond.

Outline

Know what you need pinned down before walking in. Identify the specific facts, admissions, and data points that your damages depend on and build your questioning around locking those in on the record.

Outline

Know what you need pinned down before walking in. Identify the specific facts, admissions, and data points that your damages depend on and build your questioning around locking those in on the record.

03

Flexible Exhibits

03

Facts change as a case develops. Rigid exhibits can become a liability if they cannot adapt. Our damage models are built with the flexibility to address these unknowns. Rather than presenting hundreds of versions to the judge and jury in hopes of predicting every detail of how the case unfolds, you can present a simplified exhibit that focuses on what you find important while still having the ability to adjust later on. If the opposing side cannot do the same, it significantly increases the chance that your model will be adopted.

Ready to Pivot in Any Scenario

Production Bonuses•
Professional Exemption•
Alternative Workweek Schedules•
Interstate Commerce Test•
Closing Procedure Time•
Quarter Hour Rounding•
Offset Credits•
Fluctuating Work Week•
Bag Check Duration•
Vacation Payout Rules•
Live In Employee Rules•
Prevailing Wage Rates•
Portal to Portal Act•
FLSA Coverage Analysis•
Seven Minute Rule•
Wage Order Compliance•
Opt In Response Rates•
Rounding Policy Impact•
Collective Bargaining Waiver•
ABC Test Analysis•
Notice Plan Design•
Attendance Bonuses•
Security Check Time•
Charting Time Claims•
Punch Data Gaps•
Exemption Thresholds•
Successive Employer Liability•
Law Enforcement Exemption•
Successor Employer Doctrine•
Domestic Service Rules•
Hours Per Violation•
Dual Employment Issues•
Days Per Violation•
State Preemption Issues•
Final Approval Metrics•
Home to Work Travel•
Joint Employer Liability•
Lecture Attendance Pay•
Clopening Shift Penalties•
Regular Rate of Pay•
Time Record Analysis•
Waiting Time Penalties•
Recovery Period Pay•
Comp Time Violations•
Retroactive Overtime•
Decertification Motions•
Class Period Dates•
Client Documentation Time•
Travel Time Inclusion•
Wait to Be Engaged•
Longevity Bonuses•
Seventh Day Overtime•
Postliminary Activities•
Post Judgment Interest•
Route Planning Time•
Integral and Indispensable•
Fairness Hearing Prep•
Opt In Rates•
Staffing Agency Rates•
Opening Procedure Time•
Fluctuating Workweek Method•
Computer Employee Exemption•
Exit Screening Pay•
Individual Coverage Test•
Production Bonuses•
Professional Exemption•
Alternative Workweek Schedules•
Interstate Commerce Test•
Closing Procedure Time•
Quarter Hour Rounding•
Offset Credits•
Fluctuating Work Week•
Bag Check Duration•
Vacation Payout Rules•
Live In Employee Rules•
Prevailing Wage Rates•
Portal to Portal Act•
FLSA Coverage Analysis•
Seven Minute Rule•
Wage Order Compliance•
Opt In Response Rates•
Rounding Policy Impact•
Collective Bargaining Waiver•
ABC Test Analysis•
Notice Plan Design•
Attendance Bonuses•
Security Check Time•
Charting Time Claims•
Punch Data Gaps•
Exemption Thresholds•
Successive Employer Liability•
Law Enforcement Exemption•
Successor Employer Doctrine•
Domestic Service Rules•
Hours Per Violation•
Dual Employment Issues•
Days Per Violation•
State Preemption Issues•
Final Approval Metrics•
Home to Work Travel•
Joint Employer Liability•
Lecture Attendance Pay•
Clopening Shift Penalties•
Regular Rate of Pay•
Time Record Analysis•
Waiting Time Penalties•
Recovery Period Pay•
Comp Time Violations•
Retroactive Overtime•
Decertification Motions•
Class Period Dates•
Client Documentation Time•
Travel Time Inclusion•
Wait to Be Engaged•
Longevity Bonuses•
Seventh Day Overtime•
Postliminary Activities•
Post Judgment Interest•
Route Planning Time•
Integral and Indispensable•
Fairness Hearing Prep•
Opt In Rates•
Staffing Agency Rates•
Opening Procedure Time•
Fluctuating Workweek Method•
Computer Employee Exemption•
Exit Screening Pay•
Individual Coverage Test•
Manageability Concerns•
Meal Period Premiums•
Spread of Hours Pay•
Highly Compensated Employee Test•
System Login Time•
Salary Basis Test•
Economic Reality Test•
Penalty Stacking•
Training Wage Provisions•
Liquidated Damages•
Pay Stub Penalties•
De Minimis Doctrine•
Travel Between Worksites•
Cash Register Reconciliation•
PTO Accrual Disputes•
Companionship Exemption•
Auto Deduction Policies•
Rounding Policy Neutral•
Tool and Equipment Costs•
Delivery Vehicle Inspection•
Motor Carrier Exemption•
Final Pay Timing•
Call Back Pay•
Misclassification Damages•
Piece Rate Adjustments•
Service Charge Allocation•
Service Contract Act•
Boot Up Time•
Predictive Scheduling Pay•
Pre Shift Briefings•
Standby Time Rules•
Class Representative Payments•
Donning and Doffing•
IWC Wage Order Analysis•
Meeting Time Pay•
Concurrent Employment•
Controlled Standby•
Cool Down Period Rules•
Off the Clock Time•
Rest Break Violations•
Wage Theft Recovery•
Shift Differentials•
Nearest Tenth Rounding•
Class Action Waivers•
Youth Minimum Wage•
Sick Leave Calculations•
Inventory Count Time•
Time and a Half•
State Specific Damages•
Reporting Time Pay•
Workweek Definitions•
Meal Break Violations•
Outside Sales Exemption•
Volunteer Time Issues•
Preliminary Approval•
Reversionary Clauses•
Preliminary Activities•
Split Shift Duration•
Liability Scenarios•
Sleep Time Deductions•
Inside Sales Exemption•
Opposing Counsel's Model•
PAGA Manageability•
Show Up Pay•
Manageability Concerns•
Meal Period Premiums•
Spread of Hours Pay•
Highly Compensated Employee Test•
System Login Time•
Salary Basis Test•
Economic Reality Test•
Penalty Stacking•
Training Wage Provisions•
Liquidated Damages•
Pay Stub Penalties•
De Minimis Doctrine•
Travel Between Worksites•
Cash Register Reconciliation•
PTO Accrual Disputes•
Companionship Exemption•
Auto Deduction Policies•
Rounding Policy Neutral•
Tool and Equipment Costs•
Delivery Vehicle Inspection•
Motor Carrier Exemption•
Final Pay Timing•
Call Back Pay•
Misclassification Damages•
Piece Rate Adjustments•
Service Charge Allocation•
Service Contract Act•
Boot Up Time•
Predictive Scheduling Pay•
Pre Shift Briefings•
Standby Time Rules•
Class Representative Payments•
Donning and Doffing•
IWC Wage Order Analysis•
Meeting Time Pay•
Concurrent Employment•
Controlled Standby•
Cool Down Period Rules•
Off the Clock Time•
Rest Break Violations•
Wage Theft Recovery•
Shift Differentials•
Nearest Tenth Rounding•
Class Action Waivers•
Youth Minimum Wage•
Sick Leave Calculations•
Inventory Count Time•
Time and a Half•
State Specific Damages•
Reporting Time Pay•
Workweek Definitions•
Meal Break Violations•
Outside Sales Exemption•
Volunteer Time Issues•
Preliminary Approval•
Reversionary Clauses•
Preliminary Activities•
Split Shift Duration•
Liability Scenarios•
Sleep Time Deductions•
Inside Sales Exemption•
Opposing Counsel's Model•
PAGA Manageability•
Show Up Pay•
Hospital 8 and 80•
Fluctuating Schedule Impact•
Pre Judgment Interest•
Section 207k Exemptions•
Makeup Time Provisions•
Class Definitions•
Administrative Exemption•
McNamara O'Hara Rates•
Rest Period Premiums•
Davis Bacon Compliance•
Multiple Rate Overtime•
Bonus Inclusion in Regular Rate•
Fire Protection Employees•
Enterprise Coverage Test•
Subminimum Wage Certificates•
Adequacy of Representation•
Municipal Wage Ordinances•
Union Contract Exemptions•
Minimum Wage Rates•
Uniform Maintenance Pay•
Double Time Rates•
Duties Test Analysis•
Chinese Overtime•
Seasonal Amusement Exemption•
Weighted Average Overtime•
Arbitration Provisions•
Lactation Break Time•
On Call Compensation•
Incentive Awards•
Gap Time Claims•
Pay Period Frequency•
Willfulness Multiplier•
Training Time Compensation•
Agricultural Exemption•
Tip Credit Offsets•
Workweek Reconstruction•
Post Shift Duties•
Settlement Fund Allocation•
Conditional Certification•
Blended Rate Calculations•
Suffer or Permit Standard•
Uncontrolled Standby•
Split Shift Premiums•
Flat Sum Bonuses•
Opportunity Wage Rates•
Day of Rest Violations•
Retail Commission Exemption•
Commission Calculations•
Overtime Thresholds•
Kickback Violations•
Continuous Workday Rule•
Cy Pres Distribution•
Engaged to Wait•
Non Discretionary Bonuses•
Statute of Limitations•
Tip Pooling Violations•
Subclass Breakdowns•
Claims Made Recovery•
Out of Town Travel•
PAGA Penalties•
Belo Contract Analysis•
Executive Exemption•
Handoff Meeting Duration•
Hospital 8 and 80•
Fluctuating Schedule Impact•
Pre Judgment Interest•
Section 207k Exemptions•
Makeup Time Provisions•
Class Definitions•
Administrative Exemption•
McNamara O'Hara Rates•
Rest Period Premiums•
Davis Bacon Compliance•
Multiple Rate Overtime•
Bonus Inclusion in Regular Rate•
Fire Protection Employees•
Enterprise Coverage Test•
Subminimum Wage Certificates•
Adequacy of Representation•
Municipal Wage Ordinances•
Union Contract Exemptions•
Minimum Wage Rates•
Uniform Maintenance Pay•
Double Time Rates•
Duties Test Analysis•
Chinese Overtime•
Seasonal Amusement Exemption•
Weighted Average Overtime•
Arbitration Provisions•
Lactation Break Time•
On Call Compensation•
Incentive Awards•
Gap Time Claims•
Pay Period Frequency•
Willfulness Multiplier•
Training Time Compensation•
Agricultural Exemption•
Tip Credit Offsets•
Workweek Reconstruction•
Post Shift Duties•
Settlement Fund Allocation•
Conditional Certification•
Blended Rate Calculations•
Suffer or Permit Standard•
Uncontrolled Standby•
Split Shift Premiums•
Flat Sum Bonuses•
Opportunity Wage Rates•
Day of Rest Violations•
Retail Commission Exemption•
Commission Calculations•
Overtime Thresholds•
Kickback Violations•
Continuous Workday Rule•
Cy Pres Distribution•
Engaged to Wait•
Non Discretionary Bonuses•
Statute of Limitations•
Tip Pooling Violations•
Subclass Breakdowns•
Claims Made Recovery•
Out of Town Travel•
PAGA Penalties•
Belo Contract Analysis•
Executive Exemption•
Handoff Meeting Duration•

GET IN TOUCH

Let’s Discuss Your Case

Reach out anytime, without commitment. Most firms contact us before they are sure they need us — that is exactly the right time.

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