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Community Webinarwww.insurancecommunitycenter.com
Wage and Hour • The class will begin at the top of the hour. There is no sound at this time.
• This class is being recorded. The recording can be found in the Community at Webinars Archive
• You can ask questions at anytime, type them into the chat box.
• Check your chat box for links to upcoming classes.
• This class is not approved for CE credit.
Some things you should know:
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Presents Monthly Webinars Free to Community Members.
Community webinars are archived on the Community homepage under the right hand tab titled: Webinar Archive
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In addition the community has unique business networking opportunities.
Enjoy the Weekly Newsletter on a specific topic with a tip of the week; claim; quiz flash and articles
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One Flat Fee per Office includes Monthly webinars approved for CE many
states Test and Learn Audio Presentations on insurance topics Checklists Power point presentations for client
and/or peer training
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Insurance forms and endorsements vary based on insurance company; changes in edition dates; regulations; court decisions;
and state jurisdiction. The instructional materials provided by The Insurance Community Center and its authors is intended as
a general guideline and any interpretations provided by The Community do not modify or revise insurance policy language. Information which is copyrighted and proprietary to Insurance
Services Office, Inc. (“ISO Material”) is included in this publication. Use of the ISO Material is limited to ISO
Participating Insurers and their Authorized Representatives. The Insurance Community Center assumes neither liability nor responsibility to any person or business with respect to any loss that is alleged to be caused directly or indirectly as a result of
the instructional materials provided. Insight Insurance Consulting
[email protected]@insuranceacommunitycenter.com www.insuranceacommunitycenter.com
Copyright 2012©
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Marjorie L. Segale, AFIS, CISC, RPLU, CIC, CRIS, ACSR, CISR
Insurance Community Center, LLCDirector of Education 6
Wage and Hour definedStatutory issues and concernsLitigation trendsReduction of risk exposures Insurance coverage marketplace
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Wage and Hour Defined
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Computer Employee Exemption Salaried or at least $27.63 /hour Systems analyst, programmer, software
engineer or similar skilled worker in computer field▪ Application of systems analysis techniques and
procedures▪ Design, development, documentation, analysis,
creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications or a combination of above
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Insurers have excluded FSLA claims since the beginning of EPLI coverage in the 1990’s
Some policies issued in the past 10 years have also excluded unfair business practices
In the past several years, those exclusions were augmented with a specific wage and hour exclusion
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Virtually all EPL coverage forms exclude wage and hour claims today
Sample exclusion: This insurance does not apply to… any
loss alleging violation of responsibilities, duties or obligations imposed under any Wage and Hour statute or regulation or any alleged unfair business practices act.
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Since the policies include defense costs within the definition of “loss”, the policy responds for neither defense nor indemnity of these claims
Many insurers will not extend coverage for either defense or indemnity
Endorsement may be “automatically” included
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Train employees and managers regarding hours worked
HR should create written procedures and implement protocols to review and audit employee practices Create specific employee reporting
process about timekeeping or payroll inaccuracy
Require employee certification of their records and payroll checks
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Three distinct means of identifying concerns Employee complaint Manager’s report Audit results
Watch and correct employee habits such as taking work home, working during lunch breaks or arriving early to work
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The agent must search ALL available markets for this coverage If none offer – advise in writing and
obtain dated signature If coverage is available, even if the
premium for the policy is higher than the competition, offer all, describe coverage, obtain dated signature
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Implementation of wage and hour compliance program can reduce exposure to suits
Ongoing audits, enforcement and training is required
Supplement these risk reduction techniques with available insurance
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