Fear of wage-and-hour claims is escalating among buyers and sellers of employment practices liability insurance, with sellers' fears limiting EPLI solutions for small employers–and resulting in none at all for the largest ones, market participants report.
"There have been, since the dawn of EPLI, exclusions in the policy for the Fair Labor Standard Act," said Thomas Hams, managing director and EPLI national practice leader for Aon Risk Services in Chicago, referring to the main federal wage-and-hour statute.
"For the most part, most carriers still have that kind of exclusion in place, and they still don't intend to cover wage-and-hour claims"–particularly not class-action suits involving large employers, he said.
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