Employment Practices Liability ("EPL") insurers have been aggressive in denying coverage for "wage and hour" class actions filed in California and elsewhere. Indeed, insureds now frequently assume that their policies afford no coverage for such claims. Depending on the particular statutory violations alleged, however, such class actions often fall within the scope of EPL coverage. Depending on the policy language, an EPL insurer may have a duty to both defend and indemnify an insured against a "wage and hour" class action. The "FLSA Exclusion" Does Not Apply to Many Alleged Violations of California Statutes. EPL policies often contain an exclusion...

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