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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Tuesday, November 23, 2021

  • 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.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will advise employment counsel and in-house attorneys on the latest developments in employment practices liability insurance (EPLI) and how EPLI can be best utilized to protect an employer's interests. The panel will provide a practical briefing on the types of claims that EPLI can cover when a former employee sues a business and limitations and exclusions that are typical in coverage. The panel will also provide their perspectives for employers negotiating coverage and exclusions and arguing for claims coverage.

Faculty

Barbara L. Johnson
Miscellaneous

Ms. Johnson's practice focuses on the representation of management in labor and employment matters. She has extensive experience counseling clients on the full gamut of employment law issues, including gender parity issues. She assists clients in evaluating and analyzing their exposure to pay equity claims by working with labor economists to identify the disparities and, then, by working with clients to determine appropriate remediation strategies. Her practice also encompasses litigation in a number of areas, including civil rights discrimination claims in federal and state court, class and collective actions, whistleblower/retaliation claims, wage and hour claims, public law (municipalities and school systems), breach of contract claims, ERISA claims, and employment arbitrations.

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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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Description

The COVID-related economic downturn and employment crisis has created new risks for employers. Employer-friendly retaliation decisions are being reversed at a record pace, with wage and hour litigation exploding and new discrimination claims on the rise. Failing to stay up to speed and accurately assess risk could lead to catastrophic losses, including multi-million dollar verdicts and settlement amounts.

Counsel should be aware of recent and emerging trends in EPLI. Counsel should assess the worst case exposure and the necessary data that employers must evaluate in daily work. Employers will learn to evaluate risks and costs associated with wage and hour litigation, including how to prepare for expanded causes of actions under recent state decisions.

EPLI can also cover cases involving harassment and retaliation claims based on sex and race, and employers must consider the practical impact of the SCOTUS decision on Title 7. Employers' counsel must also consider the evolving legal landscape posed by political developments, policy changes, and balancing religious liberties and freedom of speech. Counsel can use EPLI to determine when policies are advisable or inadvisable for addressing political speech in the workplace and the lawful parameters.

Listen as our expert panel discusses best practices for using EPLI, how it can mitigate risks, and when and if it should be used when former employees bring claims of harassment or retaliation.

Outline

  1. Employment practices liability insurance
    1. Assessing worst case exposure
    2. New and emerging trends in damages awards
    3. Reducing the risk and costs of wage and hour litigation
    4. Retaliation claims
    5. EEOC litigation trends and priorities going forward
    6. Discrimination claims
    7. EPL risk management

Benefits

The panel will review these and other relevant topics:

  • How can counsel and employers assess the worst case of liability exposure to evaluate EPLI needs?
  • How have COVID-related employment decisions changed employer exposures?
  • What are the current trends in employee damage awards?
  • How is EPLI used to reduce risks and costs of wage and hour litigation?
  • What is the best use of EPLI in retaliation claims? In discrimination claims?
  • Can EPLI risk management assist employers in future best practices?