Fewer and fewer companies in California have insurance coverage for “wage and hour” claims, i.e. claims for failure to pay overtime, failure to provide meal and rest periods, and failure to provide accurate itemized wage statements. Many times such coverage is prohibitively expensive or simply unavailable.  Accordingly, if a company in California has an Employment Practices Liability policy, it may have a very broad “wage and hour” exclusion.

Even if your policy has such an exclusion, there still may be hope. A recent unpublished decision by the Ninth Circuit in PHP Insurance Services, Inc. v. Greenwich Insurance Company, Case No. 16-15083, is a reminder that a mere allegation of a covered Employment Practices Wrongful Act may trigger a carrier’s duty to defend even if not asserted as a cause of action.  Continue Reading Ninth Circuit Affirms Carrier Had Duty to Defend Employment Class Action