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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Tuesday, January 30, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide employment counsel with a review of the latest developments in insurance coverage for increasing, costly 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 advise on negotiating wage and hour coverage and exclusions when establishing policies and arguing for coverage of wage and hour claims under these policies.

Faculty

Britton D. Weimer
Founding Partner
Weimer & Weeding, PLLC

Mr. Weimer is a seasoned commercial attorney, with more than 29 years of litigation experience. His practice encompasses a wide range of insurance coverage, insurance defense, and commercial litigation, including EPL, CGL, D&O, commercial property, workers compensation, insurance and real estate E&O, accounting and medical malpractice, construction defects, asbestos, electric utilities, liquor liability, media, lender liability and products liability.

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Kelly B. Thoerig
U.S. Employment Practices Liability Coverage Leader
Marsh & McLennan Companies, Inc

Ms. Thoerig oversees Marsh's U.S. Employment Practices Liability (EPL) and Wage and Hour Coverage practice. She is primarily responsible for manuscripting EPL and W&H policies, spearheading policy and insurer new product reviews, and drafting endorsements. Ms. Thoerig creates content for internal and external distribution, presents at industry seminars, and speaks to the press. She also supports Marsh colleagues by conducting internal training and participating in critical Renewal Strategy Meetings and RFP oral competitions.

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Description

Wage and hour lawsuits are one of the most significant workplace liability risks for employers. Wage and hour claims continue to rise, and settling or losing a wage and hour action can be very costly. For example, in May 2023, in Su v. East Penn Manufacturing Co. Inc. (E.D. Pa. 2023), a federal jury returned a more than $22 million verdict against the employer for violating the FLSA, the largest award in the FLSA's history.

In light of increased claims and greater risk, 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 may also exclude wage and hour claims from coverage. However, specialty wage and hour insurance products may provide 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.

Outline

  1. Trends in wage and hour exposure
  2. Overview of insurance coverage for wage and hour claims
    1. Current trends in EPL and D&O insurance coverage
    2. 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?