Wage and Hour Insurance Coverage: Mitigating Risk With EPL, D&O, and Emerging Specialty Wage and Hour Insurance Policies

Evaluating Insurance Options, Negotiating Coverage and Exclusions, Strategically Arguing for Coverage of Claims

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, August 17, 2016

Recorded event now available

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Course Materials

This CLE course will provide employment counsel with a review of the latest developments in insurance coverage for wage and hour claims. The panel will provide a practical briefing on coverage via employment practices liability (EPL), directors and officers (D&O), and specialty wage and hour insurance policies. The panel will also provide their perspectives for employers negotiating coverage and exclusions and arguing for coverage of wage and hour claims.

Description

Wage and hour lawsuits are one of the most significant workplace liability risks for employers. Settling or losing a wage and hour action can be costly—one employer was recently ordered to pay $187 million to 187,000 current and former employees in a wage and hour claim. The 2016 Department of Labor (DOL) overtime rules are expected to lead to even more wage and hour claims.

In light of the increased claims, more and more employers are focusing their attention on the adequacy of their insurance coverage for wage and hour claims. Traditionally, EPL policies have excluded coverage for wage and hour claims. D&O insurance also frequently excludes wage and hour claims from coverage. Specialty wage and hour insurance products are now emerging as a form of added protection.

Employment counsel must understand how to strategically argue for coverage of wage and hour claims under EPL and D&O policies based on the allegations in the pleadings. Further, they must understand the benefits and challenges of specialty wage and hour policies and potential issues that can arise in structuring and negotiating coverage and exclusions.

Listen as our authoritative panel reviews the role of insurance in protecting against employers’ increased wage and hour liability risks. The panel will explain how attorneys can strategically argue for coverage of wage and hour claims under EPL and D&O policies, the potential benefits and pitfalls associated with specialty wage and hour insurance, and factors to take into account when negotiating wage and hour coverage and exclusions under EPL, D&O and specialty insurance products.

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Outline

  1. Trends in wage and hour exposures
  2. Overview of insurance coverage for wage and hour claims
    1. Current trends in EPL and D&O insurance coverage
    2. Emerging specialty wage and hour insurance—benefits and challenges
  3. Strategically arguing for coverage of wage and hour claims under EPL and D&O policies
  4. Negotiating wage and hour coverage and exclusions under EPL, D&O and specialty wage and hour insurance policies

Benefits

The panel will review these and other key issues:

  • How can employment counsel strategically argue for coverage of wage and hour claims under an employer’s EPL and D&O policies?
  • How can counsel leverage the benefits and mitigate pitfalls associated with specialty wage and hour insurance?
  • What are best practices for negotiating wage and hour insurance coverage and exclusions under EPL, D&O and specialty insurance policies?

Faculty

Kelly B. Thoerig
Kelly B. Thoerig
U.S. Employment Practices Liability Coverage Leader
Marsh

Ms. Thoerig is primarily responsible for manuscripting EPL policies, leading policy and insurer new product reviews,...  |  Read More

Britton D. Weimer
Britton D. Weimer
Partner
Jones Satre & Weimer

Mr. Weimer co-chairs the firm’s Insurance Practice Group and the Employment Practice Group. His practice...  |  Read More

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