EPLI: for addressing COVID-related Employment Law Challenges

Things are quickly changing in the employee/employer relationship.  Are changes opening your company up to new liabilities that you haven’t considered?

• Do I have the employees working remotely?
• Are employees missing work, and wages, due to COVID related issues?
• How should I handle privacy issues if I have an employee who is required to quarantine?
• How should I handle reductions in hours, furloughs, or layoffs?
• Do FMLA or ADA statutes apply in new ways due to the pandemic?
• What extra precautions do I need to take in order to keep my employees safe?
• Are there new EEOC or DOL provisions and guidance that I’m not up to speed on?
• Can I make my employee come to work?
• Can I make my employee stay home?

These are just a few questions you might be dealing with on a daily basis.  Small business owners for the most part, may not have a dedicated HR department to help sort through these issues, and even companies that do can have a hard time keeping up with new legislation as it relates to COVID-19.

If you’re finding your business is scrambling to answer these questions and others, there’s a lot of help found in an Employment Practices Liability Insurance (EPLI) policy.  Many EPLI policies come with pre-claim legal counsel built into the policy, offering their policyholders access to highly qualified up-to-date employment counsel free of charge.  The service can provide you with advice and resources so you can quickly answer questions, implement new protocols and procedures, and resolve problems before they turn into real issues.  The insurance company has a vested interest in preventing HR claims so the assistance you’ll received is normally very solid.

Beyond that, EPLI may provide you with defense and coverage for some of the anticipated claims related to COVID-19, such as:

• Wrongful termination
• Wage and hour
• Harassment and discrimination

EPLI isn’t “standardized” coverage, so be sure to read and understand the policy you purchase to make sure it addresses your concerns. The pandemic is ever-changing, it’s hard to say exactly what the employment-law landscape will look like in the future, but EPLI is a good tool to have in force now to help answer and resolve employment related issues as things progress.

For a free quote please reach out to one of our qualified brokers, we’re here to help.

About the Author

Jon Brockway is a Certified Insurance Counselor with over 18+ years of experience and a lifetime of working with contractors. He is passionate about helping businesses make the best decision for their insurance needs.

He can be reached at JBrockway@eclipseinsurance.com