Employment Practices Liability Insurance

Employment Practices Liability Insurance

Employment Practices Liability Insurance

EPLI responds to employment-related claims including discrimination, harassment, retaliation, wrongful termination, and failure to promote. It is written on a claims-made basis with defense costs typically inside the limits.

Wage and hour claims are usually excluded or subject to a narrow sublimit.

Alternative Names:

EPLI, Employment Practices Coverage

Why it Matters?

The wage and hour exclusion is the practical gap, since collective actions under the Fair Labor Standards Act generate substantial exposure that EPLI typically does not cover beyond a defense sublimit. Consent-to-settle and panel counsel requirements are also common, and employers accustomed to selecting their own employment counsel often find the carrier's panel requirement restrictive at exactly the moment they want continuity.

Frequently asked questions

Does EPLI cover wage and hour claims?

Does EPLI cover wage and hour claims?

Usually not, or only defense costs subject to a small sublimit. Collective wage and hour actions are a significant uninsured exposure for many employers.

Are punitive damages covered?

Are punitive damages covered?

It depends on state law. Several states prohibit insuring punitive damages, which is significant since discrimination claims frequently seek them.