Dr. Eric Mitchem is a labor economist with substantial experience in the application of economic, econometric, and statistical analysis to employment litigation, Equal Employment Opportunity Commission (EEOC) investigations, Office of Federal Contract Compliance Programs (OFCCP) audits, proactive self-monitoring studies, and investigations from state agencies such as the California Civil Rights Department.

He consults with large corporations, government contractors, and leading law firms on employment discrimination matters to monitor and assess the risk of litigation or government investigation for various occupations and industries. Dr. Mitchem works closely with clients to design statistical models consistent with the employer’s hiring, promotion, performance evaluation, compensation, termination, and reduction-in-force decisions. He assists clients in identifying the data required to conduct thorough analyses of their workforce and excels at preparing and analyzing extremely large and complex human resources data.

Dr. Mitchem is an expert in quantitative data analysis designed to help attorneys assess the value and merits of Fair Labor Standards Act (FLSA) and state wage and hour claims, including misclassification, missed meal/rest periods, donning/doffing, off-the-clock work, unpaid overtime, and regular rate calculations. He has provided opinion about the appropriateness of applying class-wide inference using representative trial witnesses in FLSA claims of misclassified employees and unpaid off-the-clock work. Dr. Mitchem assists companies with extracting, compiling, and summarizing archived data from payroll and timekeeping systems, as well as unconventional systems such as computer logs, to evaluate wage and hour claims. He has computed waiting-time penalties and Private Attorneys General Act (PAGA) penalties in California wage claims.

Dr. Mitchem has testified in court and arbitration hearings and has prepared written reports and declarations. He has taught data analysis and statistics courses at Texas A&M University and Florida State University.

Employment History

Secretariat Economists
Managing director, 2021-2022

Economists Incorporated
Senior vice president, 2016-2021
Vice president, 2014-2016

ERS Group
Principal, 2013-2014
Senior economist, 2010-2013

Areas of Expertise


Texas A&M University
PhD, Economics, 2007

Virginia Tech
BA, Economics, 2000