EPLI (Employment Practice Liability)

Employment related claims are increasing in frequency and severity, faster than ever before. Organizations and their management teams are finding themselves forced to navigate a dynamically shifting legal/regulatory environment fueled by technology and recent employment litigation trends and rulings including:

  • EEOC increasing enforcement actions as the agency continues to attack the usage of “illegal” background checks.
  • Many companies, particularly professional firms and tech companies are in pursuit of “young energy” creating adverse unintended ageism in the workplace.
  • Companies misusing social media, utilizing posts/profiles as a basis for employment/termination decisions
  • Retailation claims increasing in frequency
  • Expectations of employees to answer client emails and work "around the clock" from company issued mobile devices and laptops are creating an increase in potential wage and hour litigation
  • NLRB ruling regarding mobile device recordings in the workplace makes it easier than ever for aggreived employees to record workplace bullying and harassment.
  • Department Of Labor amending the FLSA overtime law, qualifying (previously exempt) employees 

Much of this shifting landscape is uncharted water. This environment becomes more complex when you consider 3rd party claims from clients and vendors alleging harassment or discrimination - litigation triggering activities can include: customer disability based discrimination, "harassing" debt collection practices and unwanted solicitations. 

We recognize the complex challenges companies are facing today and leverage our broad knowledge of EPLI insurance to help our clients understand and manage that risk through carefully structured insurance programs that are aligned to your specific industry and your company's needs.

  • Types of Policies
    • Basic EPLI endorsements (commercial package & BOP policies)
    • EPLI endorsed or extended from a D&O program
    • 1st Party EPLI stand aone policies
    • 1st & 3rd Party EPLI stand alone pollicies
  • Protects Against
    • Wrongful terminatin
    • Failure to promote or hire
    • Retaliation Claims
    • Regulatory actions/investigations (EEOC)
    • Vilations of ADA (americans with disabilities act)
    • Sexual Harassment
    • Discrimination
    • Workplace Bullying
    • Defense costs for Wage and Hour and FLSA claims
    • Claims from 3rd parties asserting harassment or discrimination
  • Coverages & Endorsements
    • 3rd party coverage 
    • Defense costs outside the limit
    • Broad definition of "insured" to include interns, temporary, leased employees
    • Duty to defend (vs duty to indemnify)
    • First dollar coverage
    • Prior Acts coverage
    • Coverage for governmental investigations
    • Coverage for retailation
    • Softened Hammer / Settlement clause
    • Automatic ERP (extended reporting provision)
    • Bodily injury carve back for mental distress & anguish
    • No action clause against insurer (to be avoided)
    • Defense costs for wage and hour / FLSA claims
    • Broad definition of "wrongful act"
    • Intentional acts exclusion (to be avoided)

Get (Risk) Managed.

Ready to review your existing insurance program? Interested in setting a reminder for a renewal review? Or simply have a question? We're here to help. We also understand you're busy - let's schedule a time to speak that works best for you. Simply schedule a call and we'll reach out when it's convenient.

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