Mingling Claims to Access Coverage Plaintiffs create ways to get around exclusions for wage and hour claims.


“Where plaintiffs used to allege wage and hour violations alone we are seeing more and more complaints that intertwine wage and hour violation with discrimination complaints, with retaliation complaints and various other complaints…”


Janet Dreifuss, Alliant


Many insurers exclude wage-and-hour claims, so creative plaintiffs’ attorneys are combining wage-and-hour complaints with other claims that are covered, such as discrimination and retaliation. Under a duty-to-defend policy, the carrier will have to defend the wage-and-hour complaints in addition to the other charges. It’s important for brokers and their nonprofit clients to understand if their policies include that defense coverage for uncovered claims.


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