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Wage and Hour › Policy Exclusions

Wiley Rein LLP

Breach of Contract Exclusion Bars Coverage for Judgment Rendered in Employment Dispute

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The United States District Court for the Eastern District of Louisiana, applying Louisiana law, has held that an insurer does not need to cover a monetary judgment rendered in favor of two former employees of the insured...more

Wiley Rein LLP

Wage and Hour Violation Exclusion Applies to Allegations of Untimely Payments in Connection with Scheme to Underpay Employees

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A Pennsylvania federal court, applying Pennsylvania law, held that a policy’s Wage and Hour Violation exclusion applied to the entirety of underlying class actions that alleged the insured employer schemed to underpay its...more

Hinshaw & Culbertson - Insights for Insurers

Early COVID-19 Liability Suits Raise Employment Practices Liability Insurance Issues

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The COVID-19 pandemic has forced employers across the country to rapidly make numerous and significant decisions about how to manage their business in this unprecedented time. Employers have had to quickly develop and...more

Manatt, Phelps & Phillips, LLP

Court Takes Narrow Read of Policy Exclusion for ‘Wage and Hour’ Claims

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In a potentially beneficial decision for employers, a California appellate panel ruled that the term “wage and hour … law” in an insurance policy’s exclusion was limited to laws “concerning duration worked and/or remuneration...more

Payne & Fears

Key California Employment Law Cases: September 2019

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ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Farella Braun + Martel LLP

Reimbursement of Employment-Related Expenses Is Not a “Wage and Hour” Claim Within the Meaning of EPLI Exclusion

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A recent California appellate court decision found that a wage and hour exclusion in an Employment Practices Liability Insurance (“EPLI”) policy did not bar coverage for claims under California Labor Code sections 2800 and...more

Payne & Fears

Pizza Hut Delivers a Win for Employers: Reimbursement Claims are Not Automatically Excluded from Coverage by a Policy's "Wage &...

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The California Court of Appeal recently ruled that a "wage and hour" exclusion in an employment practices liability insurance ("EPLI") policy must be narrowly interpreted to extend coverage for reimbursement claims brought...more

Farella Braun + Martel LLP

Ninth Circuit Affirms Carrier Had Duty to Defend Employment Class Action

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Fewer and fewer companies in California have insurance coverage for “wage and hour” claims, i.e. claims for failure to pay overtime, failure to provide meal and rest periods, and failure to provide accurate itemized wage...more

Farella Braun + Martel LLP

Claim for Failure to Reimburse Reasonable Business Expenses Not Barred by EPL Policy’s Wage and Hour Exclusion

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Don’t be too surprised if you see a “wage and hour” exclusion in your employment practices liability insurance policy, especially if you have employees in California. While these exclusions purport to bar coverage for claims...more

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