Wage-hour class action lawsuits have exploded in the last few years and currently exceed the number of all discrimination actions combined in this country. These lawsuits present huge exposure for employers—not just in terms of possible multimillion-dollar settlements or judgments, but also in terms of the legal fees incurred in defending against them. The lengthy statute of limitations period for assessing damages, coupled with mandatory attorney’s fees, costs, and liquidated damages for violations of the Fair Labor Standards Act (FLSA)1 and state labor laws, such as the New York Labor Law,2 can have insurmountable consequences to an employer.
Many employers, however, may have often overlooked insurance protection in Employment Practices Liability (EPL) policies or in EPL provisions of Directors’ and Officers’ (D&O) policies that contain EPL coverage, which could provide important and valuable coverage for settlements or judgments, as well as the cost of defending these wage-hour lawsuits.
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