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Aon  |  Financial Services Group
Wage and Hour Insurance Insights and Trends – November 2022

Release Date: November 2022
pdf download Implications for D&O Litigation From Climate-Related Risk

The Financial Services Group at Aon’s semi-annual Wage and Hour Advisor includes insights on the following topics:

Two Supreme Court decisions: In Viking River Cruises vs. Moriana, the Court held that the Federal Arbitration Act (FAA) preempts and overrides California state’s Private Attorney General’s Act (PAGA), which could be a significant win for employers in the state of California. In Southwest Airlines Co. vs Saxon, the Court held that cargo workers are interstate-transportation workers and, therefore, exempt from arbitration agreement enforcement under the FAA.

California Appellate Court decision: In this decision, the appellate court held a corporate employer personally liable for wage and hour violations. This could set precedent in the state of California, since many employment firms that reviewed the case stated there is no bright line rule for when an employee could be liable for those violations, until now.

State of the Market: An update on carrier appetite and behavior for employment practices liability (EPL) and W&H risks.

Class Claims: Recent examples of judgements and settlements in various industries highlight potential exposures.

The Wage and Hour Advisor – November 2022 can be accessed here.

FSG provides insights into a range of risks, including D&O, EPL and fiduciary liability at FSG Quick Insights.




Contact


The report can be discussed with Financial Services Group professionals Samantha Manfredini Look or Thomas Hams.

Samantha Manfredini

Samantha Manfredini Look
Vice President, Employment Practices Liability Insurance
Chicago





Tom Hams

Thomas Hams
Managing Director and Employment Practices Liability Leader
Chicago