FINEX Observer: Fall 2018 Edition

Employment Practices Liability (EPL) and Wage and Hour Edition

October 9, 2018

Welcome to the fall 2018 edition of the FINEX Observer: Employment Practices Liability (EPL) and Wage and Hour Edition. In today’s world, employees are a principal strength for most companies, yet they are also one of the greatest sources of risk. In our recent 2018 Management Liability (Directors and Officers) U.S. Survey of 77 executives from various companies, 55% noted that claims by employees were their top concern in the coming year. The exposure to claims made by a single employee or a group of employees for employment-related issues impacts many, if not all, companies. This has been more apparent over the past year than ever before with the rise of the #MeToo movement, continuing pay equity initiatives domestically and abroad and a monumental decision by the Supreme Court regarding class action waivers.

In this edition, we take a deep dive into these headline-grabbing issues. Specifically, we review the gender pay gap and what is being done across the globe to close the gap. We also provide an analysis of the Epic Systems decision regarding the validity of class action waivers, its impact and what employers should consider before implementing class action waivers. We also take a closer look at the #MeToo movement, the EEOC’s position and provide tips on how to address workplace harassment. Additionally, we explore The Cheesecake Factory wage theft case. Finally, we examine the modernized workforce through the use of biometrics and its implications.

You can access all articles below for further discussion of the aforementioned issues.

Table of Contents

  • #MeToo: Addressing and preventing workplace harassment
    By Talene M. Carter
    As evidenced by the #MeToo and Time’s Up movements, harassment in the workplace is a major problem. We discuss ways to proactively address this issue and how to mitigate claims exposure.

  • Pay equity across the globe
    By Talene M. Carter, Martyn Redfern and Lewis Gayle
    Due in part to initiatives seeking to promote gender equality and calling for change in corporate culture, the gender pay gap has come to the forefront for companies and insurance carriers on a global scale. We take a close look at what the U.S. and other countries are doing to address this issue and share best practices to ensure your organization is protected.

  • Epic Systems: Employers can collectively celebrate the Supreme Court’s decision validating class action waivers
    By David Cessante, Clark Hill PLC, Alison Miller, Willis Towers Watson
    The Court’s holding in the Epic Systems case sheds light on issues employers should consider before deciding whether to adopt mandatory arbitration with class action waivers along with the insurance implications.

  • The Cheesecake Factory wage theft case
    By Ann M. Monoscalco
    This case highlights a likely overlooked source of potential wage and hour claims – state laws. Not all state wage and hour laws are structured similarly to federal rules and employers should take notice to maintain compliance.

  • When things get personal — the rising risk of biometric data
    By Kristin Zieser, Claims Advocate, FINEX, Willis Towers Watson
    Biometric data is a popular option for businesses to manage employees and clients. Yet, as many companies adopt this form of data keeping, they need to consider all of the risks involved.