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    Paul Nash

    Paul Nash

    EPL Focus Team Leader & Underwriter

    A comprehensive package, combining employment practices liability and wage and hour insurance, to protect organizations from employment related exposures.

    Beazley blog: Ring-fencing wage and hour liability in M&A deals

    Protection for the rapidly changing world of employment related litigation

    At Beazley we have extensive knowledge in the field of employment law and understand the risks posed to employers. To help them cope we have developed Beazley Workplace Protect, a package that combines the benefits of our employment practices liability cover with insurance specially designed to protect against the increasing threat of wage and hour related litigation. The wage and hour element covers claims made under the Fair Labor Standards Act, which are generally excluded from employment practices liability (EPL) policies.

    The rise of Wage and Hour litigation

    Wage and hour lawsuits are proliferating. A catalyst for this increase has been the adoption by various industries of new employment practices such as mobile workforces and flexible working patterns, while federal employment law has not always kept up with the rapid pace of change.

    Examples:

    • United States Department of Labor issues final rule concerning minimum salary threshold to qualify for exemption from overtime under the Fair Labor Standards Act 1    
    • Seyfarth Shaw Annual Workplace Class Action Litigation Report identifies record high certification rate for plaintiffs 2
    • US Department of Labor issues proposal to update regular rate regulations. 3

    Highlights

    • Claims made and reported policy
    • Duty to defend. Options available to amend to an indemnification basis
    • Defence cost inclusive within the limit. Options available for defence cost in addition for EPL coverage section
    • Broad definition of employment wrongful act, including discrimination, harassment, inappropriate employment conduct and retaliation
    • Broad definition of wage and hour wrongful act
    • Privacy violation coverage available
    • Third party coverage available

    Prevention services

    Beazley is committed to helping organizations prevent claims from ever arising. All Beazley Workplace Protect customers will have access to BeazleySure, an online platform that provides policyholders comprehensive risk management support, including sexual harassment prevention training, a dedicated telephone hotline, and procedures in English and Spanish.

    Superior claims handling

    We have dedicated employment claims personnel on staff who work with top employment lawyers across the country to quickly and efficiently resolve claims.

    Key territories

    Worldwide coverage for employment practices liability
    US only coverage for Wage and hour liability

    Coverage

    Due to its competitive retention structure, Beazley Workplace Protect will be particularly attractive to US organizations with upwards of 500+ employees. While over one third of organizations covered by Beazley’s wage and hour policy have between 500 and 2,500 employees, the average number of staff is 2,900. We consider submissions from a wide range of employers and have identified the following key markets:

    • Manufacturing
    • Retail
    • Hospitality
    • Transportation
    • Healthcare
    • Services
    • Consulting
    • Construction
    • Utilities
    • Financial Services

    Limits

    • Minimum premium of US $25,000 for EPL coverage section and US $75,000 for W&H coverage section
    • Minimum self-insured retention of US $25,000 for EPL coverage section and US $250,000 for W&H Coverage Section
    • Limits up to US $20,000,000 for EPL coverage section and US $10,000,000 for W&H coverage section
    • Wage and hour limits up to US $25m available to large clients via Beazley-led Concorde Consortium
      at Lloyd’s.

    Consortium for larger risks

    The Beazley-led Concorde Consortium at Lloyd’s provides increased capacity for wage and hour risks, generally excluded from employment practices liability policies. Targeting larger organizations with at least 5,000 employees, the consortium underwrites on both a primary and excess basis.

    Sources

    1. Sheppard Mullin blog, March 8, 2019  
    2. www.workplaceclassactionreport.com, January 2019
    3. 
    Law360 website; April 2018.
    5. www.dol.gov, March 28, 2019

    Workplace Protect team

    Claims

    Jill Cartwright

    Claims Manager Specialty Lines

    Jill Cartwright

    San Francisco, CA, USA

    +1 415 263 4087

    Jason Nelson

    Claims Focus Group Leader- Employment Practices Liability

    Jason Nelson

    San Francisco, CA, USA

    +1 415 263 4076

    Underwriters

    Afsana Ali

    Underwriter - US Executive Risk - London

    Afsana Ali

    London, UK

    +44 207 674 7054

    Wayne Imrie

    Underwriter - US Executive Risk - London

    Wayne Imrie

    London, UK

    +44 207 674 7446

    Sharlene Jooste

    Actuary & Underwriter - US Executive Risk

    Sharlene Jooste

    London, UK

    +44 207 674 7566

    Daniel Martin

    Underwriter - Management Liability

    Daniel Martin

    Paul Nash

    EPL Focus Team Leader & Underwriter

    Paul Nash

    London, UK

    +44 207 674 7255

    Workplace Protect forms

    Application forms

    Workplace Protect New Business Application
    Workplace Protect Employee Schedule & Claims Supplement
    Workplace Protect Renewal Application
    Beazley Claims Supplement

    Brochures

    Workplace Protect Brochure

    Wordings / policies

    Beazley Workplace Protect

    The descriptions contained on this website are for preliminary informational purposes only. In the US, the product may be available on an admitted basis in some but not all jurisdictions through Beazley Insurance Company, Inc. In other US jurisdictions, the product is underwritten by Beazley syndicates at Lloyd's and is available only on a surplus lines basis through licensed surplus lines brokers. The publication and delivery of the information contained herein is not intended as a solicitation for the purchase of insurance on any US risk.