Lawsuits by employees form one of the largest categories of litigation brought against U.S. entities. As Wage and Hour related actions continue to grow at a record rate, the need for organizations to be protected is set to increase. Today even the most informed and diligent employer runs the risk of a legal challenge from either collective actions or individual employees.
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 give protection for the increasing threat of Wage and Hour related litigation.
The rise of Wage and Hour litigation
Wage and Hour lawsuits are proliferating. The catalyst for this change has been the adoption by a variety of industries of new employment practices such as mobile workforces and flexible working patterns. The value of the top 10 settlements hit $695.5 million in 2016, a 50 percent increase over 2015's $463.6 million valuation, and more than triple the $215.3 million valuation in 2014.1 The top ten settlements in various employment-related class action categories totaled $2. 72 billion in 2017, an increase of over $970 million from $1. 75 billion in 2016. While federal and state courts issued many favorable class certification rulings for the plaintiffs' bar in 2017, evolving case law precedents and new defense approaches resulted in better outcomes for employers in opposing class certification requests. Class action litigation increasingly has been shaped and influenced by recent rulings of the U.S. Supreme Court. Over the past several years, the U.S. Supreme Court has accepted more cases for review - and issued more rulings - that have impacted the prosecution and defense of class actions and government enforcement litigation. The past year continued that trend, with several key decisions on complex employment litigation and class action issues that were arguably more pro-business than decisions in past years.2
- High Court Endorses Broader View Of FLSA Exemptions.3
- The Wage and Hour Division of the U.S Department of Labor issuing new guidance3 that is likely to lead to more workers being classified as ‘employees' rather than self-employed contractors.4
- Proposals to more than double the salary level that triggers the exemption from overtime entitlement of white collar workers.4
- A Federal appeals court upholding a Labor Department regulation that extends minimum wage and overtime payment to almost two million home care workers.5
- 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
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.
Worldwide coverage for Employment practice liability
US only coverage for Wage and hour Liability
Due to its competitive retention structure, Beazley Workforce Protect will be particularly attractive to U.S. organizations with upwards of 500+ employees.
Whilst we consider submissions from a wide range of employers, we have identified six key markets:
- Limits up to US $20,000,000 for EPL coverage section and US $5,000,000 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
- Minimum premium of US $25,000 for EPL coverage section and US $75,000 for W&H coverage section
1. Society for Human Resource Management website; Feb 2017
2. Seyfarth Shaw Annual Workplace Class Action Litigation Report; Jan 2018
3. Law360 website; April 2018.
5. United States Department of Labor website.
6. The Wall Street Journal website; Appeals court revives rule adding pay protections for home-health aides; 21 August 2015.
Workplace Protect team
Workplace Protect forms
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.
Except where products are issued by Beazley Insurance Company, Inc., coverages are underwritten by Beazley syndicates at Lloyd's and will vary depending on individual country law requirements and may be unavailable in some countries. The exact coverage afforded by the products described herein is subject to and governed by the terms and conditions of each policy issued.
Some coverages are made available through Beazley USA Services, Inc., which is a service company that is a part of the Beazley Group and has authority to enter into contracts of insurance on behalf of the Lloyd's underwriting members of Lloyd's syndicates 623 and 2623 which are managed by Beazley Furlonge Limited. Beazley USA Services, Inc. is licensed and regulated by insurance regulatory authorities in the respective states of the US and transacts business in the State of California as Beazley Insurance Services (License#: 0G55497).