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On May 14, 2026, the U.S. Supreme Court ruled unanimously (9-0) in Montgomery v. Caribe Transport II, LLC that freight brokers can be sued in state court when they're accused of hiring an unsafe carrier. The Court found that the Federal Aviation Administration Authorization Act (FAAAA) — the federal law brokers have long relied on to block these lawsuits — doesn't apply when safety is the issue. The decision resolves a long-standing split among federal courts and changes the landscape for brokers, carriers, and the shippers who rely on them. We're sharing this as your insurance and risk advisors - not as legal experts. For legal guidance, please work with your attorney. Our goal here is to help you understand what the ruling does, what it doesn't do, and where to focus your attention in the weeks ahead. Background on the Case Truck driver Shawn Montgomery was severely injured — including the amputation of his leg — when a tractor-trailer hauling plastic pots veered off course in Illinois and struck his stopped vehicle. The trucking company involved, Caribe Transport II, had been hired by C.H. Robinson, one of the country's largest freight brokers. According to the opinion, Caribe Transport had a "conditional" safety rating from federal regulators at the time, with documented deficiencies in driver qualifications, hours of service, inspection and maintenance, and crash rates. Montgomery sued C.H. Robinson for negligent hiring, arguing the broker knew — or should have known — that hiring a carrier with that safety record was likely to result in a crash. C.H. Robinson argued the claim was preempted by the FAAAA. Federal courts had been split on the question for years, with the Sixth and Ninth Circuits allowing such claims to proceed, and the Seventh and Eleventh Circuits dismissing them. The Supreme Court took the case to resolve that split. What the Court Decided The FAAAA preempts state laws "related to a price, route, or service" of a broker or carrier, but contains a safety exception that preserves states' authority to regulate safety "with respect to motor vehicles." The Court was asked whether negligent-hiring claims against a broker fall within that exception. The answer was yes, unanimously. Justice Amy Coney Barrett, writing for the Court, reasoned that requiring a broker to exercise ordinary care in selecting a carrier "concerns motor vehicles" — most obviously the trucks that will move the goods. That brings the claim within the safety exception and out of preemption. Justice Kavanaugh's concurrence, joined by Justice Alito, agreed with the result but added important context. He noted the ruling "should not be read to mean that brokers will routinely be subject to state tort liability in the wake of truck accidents." Brokers who exercise reasonable care and document their carrier selection decisions remain well-positioned to defend claims. What This Means Practically The legal standard going forward is ordinary care — the same standard that already applies to motor carriers and most other businesses. The question a court will ask is whether the broker acted reasonably in selecting the carrier: Did they review available safety data? Did they have a documented vetting process? Did they identify and address red flags? A few points worth flagging: Brokers will face increased scrutiny on their carrier-vetting processes, including the documentation behind those decisions. Carriers with weaker safety profiles — elevated CSA scores, conditional ratings, recent enforcement actions — may find brokers more selective about hiring them. Shippers who rely on brokers should expect updated contract language around carrier selection, indemnification, and insurance requirements. Insurance underwriters will be evaluating broker accounts under a different lens, and legal analysts are already flagging insurance and indemnity questions as areas to watch. What to Focus On If you're a freight broker: Review your carrier-vetting process. If it's not documented, document it. If it is, make sure it reflects current FMCSA data sources, the criteria you apply, and how you handle red flags. Pull together a record of past vetting decisions — what data you reviewed, what you decided, and when. Talk to your insurance broker about whether your current liability coverage responds to a negligent-selection claim. If you're a motor carrier: Pull your FMCSA SAFER data and review it the way a broker — or a plaintiff's attorney — would. Address out-of-service violations, inspection issues, and open enforcement actions proactively. Treat CSA scores as a business priority. Brokers under new liability pressure will increasingly steer freight to carriers they can defensibly select. If you're a shipper: Review your transportation contracts. Indemnification language, insurance requirements, and carrier-selection standards may need updating. Ask your broker partners about their vetting process — and document what you require. Confirm your own contingent auto and contingent cargo coverage is adequate. Looking Ahead The first wave of post-Montgomery negligent-hiring suits is expected within weeks, and the insurance market will take time to respond. Carrier vetting standards, contract language, and broker liability coverage are all likely to evolve over the coming months. The Court's ruling didn't create a new duty — the duty to exercise reasonable care in selecting a carrier has existed for generations under common law. What changed is that the federal procedural shield is no longer available. Brokers, like carriers and shippers before them, are now accountable for that duty in court. If you have questions about how this ruling affects your business, your Cottingham & Butler team is ready to talk through it alongside your legal counsel.

The Environment We’re Navigating Public sector employers are operating in a labor market that is fundamentally different from the one that shaped many existing pay and benefit programs. Workforce supply has tightened across nearly all job families, retirements are accelerating, and competition for talent is strong. At the same time, public employers face constrained or highly scrutinized budgets, rising wages and benefit costs, increased service demands, and heightened expectations for transparency, equity, and fiscal stewardship. These conditions are exposing misalignment between legacy total rewards programs and today’s workforce realities. Labor Supply & Workforce Demographics Retirements continue to outpace new workforce entrants; US is entering a period of structural labor shortage Millennials and Gen Z now represent the majority of the workforce and place higher value on pay progression, flexibility, and clarity Talent gaps due to labor shortages & educational/training misalignments are creating recruiting and training challenges for public sector Benefits Cost & Design Pressures Chronic physical and mental health conditions drive a growing share of healthcare spend Specialty medications and GLP‑1 drugs are materially increasing plan costs Many public sector plans maintain higher actuarial value and lower employee cost share than market peers Outdated position alignment and wage structures have caused recruiting and retention challenges Legacy pay & benefit offerings often reflect historic labor agreements rather than current workforce needs and may not be aligned with the demands of today’s workers Compensation & Labor Market Movement Midwest public sector employers projected an overall median payroll budget increase of 3.3% for 2026 Market movement has varied by occupation, increasing the importance of targeted adjustments Competitive positioning is shifting more frequently, increasing the risk of falling behind between studies Increased expectations from new workforce entrants for upward mobility and transparency Considerations for Public Sector Employers Revisit total rewards philosophy to confirm current spending aligns with stated goals for competitiveness, equity, and retention Review legacy pay and benefit offerings to determine whether generosity is intentional and sustainable or simply inherited. For example, is your organization aligned with FLSA for OT practices, or are you more generous? Stated practices like paying overtime after 8 hours per day rather than 40 hours per work week can have real impacts on total overtime budgets. Assess compensation structures and pay progression models to ensure they support career growth and are consistently market aligned Examine overtime usage and scheduling practices to distinguish structural cost drivers from temporary staffing gaps The Opportunity By intentionally realigning compensation and total rewards programs with workforce realities, public sector employers can improve attraction and retention, reduce financial pressure without eroding employee value, increase transparency, and ensure limited public dollars are used as intended. Matt Shefchik Assistant VP - Total Rewards Consulting mshefchik@cottinghambutler.com

Healthcare costs continue to climb, but the root causes are often misunderstood. This video explains how key players in the system - from insurers to drug manufacturers- are financially incentivized by higher spend, not better outcomes. Understanding these dynamics is the first step toward smarter health plan decisions. Heather Acerra Sales Executive - Employee Benefits HAcerra@cottinghambutler.com

Cottingham & Butler Mastering Your Resume: A Guide for College Graduates Up Published on Written by: Page View January 1, 2024 Cottingham & Butler As you prepare to transition from college to the professional world, creating a compelling resume is key for landing your dream job. Your resume serves as your personal marketing tool, showcasing your skills, experiences, and qualifications to potential employers. Here's a complete guide to help you master and maximize your resume as a recent college graduate: Start with a Strong Heading: Open your resume with a clear and professional heading that includes your full name, contact information, and optionally, your LinkedIn profile URL. Make sure your email address is professional and avoid using nicknames or unprofessional handles. Craft a Compelling Personal Statement: Follow your heading with a brief personal statement that highlights your career goals, key skills, and what you bring to the table as a candidate. Tailor this section to the specific role or industry you're targeting and keep it brief but impactful. Highlight Your Education: As a recent graduate, your education section should be prominently featured on your resume. Include the name of your institution, the name of your degree, your major/minor, graduation date (or expected graduation date), any academic honors or awards you've received, and optionally, your GPA. Showcase Relevant Experience: Next, outline your relevant work experience, internships, volunteer work, and extracurricular activities. Focus on experiences that are directly related to the job you're applying for and use action verbs to describe your accomplishments and responsibilities. Quantify your achievements whenever possible to demonstrate tangible results. Be sure to list the most to least recent. Emphasize Transferable Skills: Highlight transferable skills gained through your coursework, internships, and extracurricular activities that are applicable to the job you're seeking. These may include communication skills, leadership abilities, problem-solving capabilities, and teamwork. Include Additional Sections as Needed: Depending on your background and experiences, consider adding additional sections to your resume, such as relevant coursework, certifications, professional affiliations, athletics, clubs and organizations, language proficiency, or technical skills. Only include sections that elevate your application and are relevant to the job you're applying for. Proofread and Format Professionally: Before submitting your resume, thoroughly proofread it to check for any spelling or grammatical errors. Additionally, ensure that your resume is formatted professionally and consistently, using clear headings, bullet points, and an easy-to-read font, but also don’t be afraid to let your personality shine through. Keep your resume length to one page whenever possible. Seek Feedback and Revise: Don't hesitate to seek feedback on your resume from trusted mentors, career advisors, or other professionals. Incorporate their suggestions and revise your resume accordingly to ensure it’s polished and effective. Submitting and Sharing Your Resume: Once your resume is finalized, it's time to submit it to your potential employer. Follow the application instructions provided in the job posting, whether it's through an online application portal, email, or mail. Additionally, consider sharing your resume with your network of contacts, including family, friends, professors, and alumni. Networking can often lead to valuable job opportunities and referrals. By following these tips and strategies, you'll be well-equipped to create a standout resume that effectively showcases your strengths and accomplishments as a recent college graduate. Good luck on your job search journey! Discover exciting career opportunities at Cottingham & Butler today! Whether you're seeking a full-time position or internship opportunity, we're always eager to welcome talented young professionals like you to our team. View All Posts TAGS: Article Cottingham & Butler Upcoming Events WEBINAR May 20, 2026 What the Supreme Court's Freight Broker Ruling Means for You Last week's unanimous Supreme Court decision in Montgomery v. Caribe Transport II, LLC has reshaped the liability landscape for every business that hires or relies on freight brokers. Join four of transportation's most respected legal and risk minds for a focused, one-hour conversation on what changed and what to do next. Register Now! Register Now! IN-PERSON July 22, 2026 Healthcare Costs Panel Discussion / Peoria, IL Rising healthcare costs affect every employer in the room, but the full picture rarely gets discussed openly. This moderated panel brings together perspectives from across the healthcare landscape - including hospital administration, health insurance carriers, physicians, and pharmacy - to give you a seat at a conversation that usually happens behind closed doors. Audience participation and open Q&A are built into the format, so come with your questions. Register Now! Register Now! IN-PERSON June 30th - July 1, 2026 OSHA 10‑Hour General Industry Safety & Health Training The OSHA 10‑Hour General Industry course provides foundational safety and health training for employees, supervisors, and managers working in non‑construction environments. This course is designed to build awareness of workplace hazards, reinforce employer and employee responsibilities, and promote a proactive safety culture. Ideal for entry‑level workers as well as those with supervisory or safety responsibilities, the OSHA 10 serves as both an introduction to OSHA requirements and a practical refresher on core safety topics commonly encountered in general industry settings. Participants will gain a clear understanding of how OSHA standards apply to their daily work, how to recognize and control hazards, and how everyone plays a role in preventing injuries, illnesses, and incidents on the job. Register Now! Register Now! View All Events Connect with a C&B Representative Today!

A leading provider of risk management and employee benefits insurance & consulting services for domestic and international markets. Better Every Day That is our promise to our clients, company, and people. It’s a commitment to challenging conventional wisdom, innovating, and improving how we serve our clients and grow as industry professionals. 3rd largest privately and independently held insurance broker in the U.S. At Cottingham & Butler, we sell a promise – to show up and deliver for our clients during life’s toughest moments. Every day, we pair brilliant ideas with strategy, empathy and hard work that produces results that are the rival of the industry. SEE HOW WE HELPED BUSINESSES LIKE YOURS Trusted Insurance Advisors Cottingham & Butler is a privately-held, national insurance broker, and a leading provider of risk management and employee benefits insurance & consulting services. Property & Casualty Employee Benefits Solutions Captives & Programs Safety Management Services Claims Management Featured Insights Transportation Outlook: Understanding Tariff Impacts on Freight Markets In today's evolving trade environment, Cottingham & Butler is committed to providing transportation leaders with actionable economic insights. Recent tariff policies represent a major shift that will reshape freight patterns, client relationships, and business planning for trucking companies nationwide. Our analysis highlights several critical economic signals transportation executives should monitor when developing strategies for the coming 12-18 months. Articles The Supreme Court's Montgomery Decision: What Brokers, Carriers, and Shippers Should Know News Public Sector Compensation & Total Rewards Articles Misaligned Financial Incentives On-Demand VIEW ALL INDUSTRY NEWS & EVENTS “The relationship that we have, and have always had, with Cottingham & Butler is trust. We listen to them, and they haven’t steered us wrong yet. Without Cottingham & Butler, it’d be hard for us to be where we are today.” David Freymiller | CEO, Freymiller People Who Make A Difference What makes Cottingham & Butler so special? It’s simple – our people. Our team is made up of extraordinarily talented individuals who consistently prioritize the success of our clients and their teammates, working to achieve the very best in everything they do. EXPLORE OPPORTUNITIES

We help clients lower their total cost of risk by challenging the status quo, solving complex business problems and delivering creative insurance solutions. Our technical expertise and proprietary programs, combined with our commitment to client service is the foundation of the value we bring to our clients every day. Article Mastering Your Resume: A Guide for College Graduates Read More On-Demand Webinar OSHA Reporting and Recordkeeping Compliance Updates Read More Article Managing a "Hard" Insurance Market Read More Case Study Leveraged best practices and good loss experience to return $80,000 year after year Read More Article HR’s Role in Mergers and Acquisitions Read More Article Coverage Basics: Cyber Insurance Read More Case Study Providing a Better Open Enrollment Solution Read More Case Study A 33% Decrease to Health Insurance Spend in 3 Years Read More Article Bond Producer vs. Surety Advisor: Beyond the Bond Read More