Insurance definition

EPLI Coverage and Typical Exclusions

Employment Practices Liability Insurance (EPLI) coverage typically covers a claim that the named insured(s) (usually the employer) has become legally obligated to pay. There are two main forms of policies. A claims-made policy covers claims reported during the policy period (which will be identified in the policy itself). An occurrence policy requires that the act that is subject of the claim take place during the policy period. Only certain claims that are identified in the policy will be covered.Continue reading

United States Court of Appeals Ninth Circuit

Ninth Circuit Affirms California Restriction on Arbitration Agreements

On September 28, 2015, a divided Ninth Circuit Court of Appeal upheld California’s ban on PAGA waivers in arbitration agreements. Sakkab v. Luxottica Retail N. Am., Inc., No. 13-55184, 2015 WL 5667912 (9th Cir. Sept. 28, 2015). The 2 to 1 decision held that the ruling of the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014) prohibiting employee waivers of representative Private Attorney General Act of 2004 (“PAGA”) claims in workplace arbitration agreements, did not violate the Federal Arbitration Act (“FAA”) which requires that arbitration agreements be enforced according to their terms.Continue reading

Trends: The Sick Leave “Virus”

Laws mandating paid sick leave for employees are spreading like a virus, both inside and outside of California, mutating into different strains as they go. “Ground Zero” was San Francisco’s 2007 municipal ordinance requiring employers within the city to offer paid sick leave benefits. Recently, other California cities such as Oakland and Emeryville, have followed suit, joining a dozen or so other major cities or counties each with their own local sick leave ordinances.Continue reading