EPLI, Wage & Hour Claims and PAGA Actions: The Newest High Stakes Questions Confronting Practitioners and Their Impact on Defense Strategies

October 25, 2023 11:30am

Sherron Williams
Senior Vice President, Financial and Professional Lines – Bermuda
Vantage Risk Ltd

Kimberly Lewis
Senior Vice President, Professional Insurance Manager
Argo Group

John Wallace
Chief Insurance Officer
Vouch Insurance

Leticia Kimble
Raines Feldman Littrell LLP

  • The Gig Economy: Status report on employee versus independent contractor classification
  • The state of PAGA in 2023:
    • PAGA representative waivers: Permission to prosecute claims of other alleged aggrieved employees
    • Employer assertions that some PAGA claims/cases are unmanageable, and therefore cannot proceed on a representative basis
    • Settling a PAGA case where there exists a concurrent PAGA case with overlapping claims
    • Claims and defense cost expense
  • Mixed allegation claims where there is a discrimination claim coupled with W&H allegations
  • EPLI changes and how carriers are responding to the continued growth of wage and hour claims
  • Exploring sub-limits on wage and hour claims under EPLI policies
  • Assessing how riders or addendums to EPLI policies for wage and hour claims affect the market
  • FLSA clarity around joint employer liability
  • Statute of limitations, waivers and arbitration
    • How far employers can go and where to draw the line