Employers should not assume that their employment practices liability (EPL) insurance excludes any cost related to a wage and hour claim, according to Barry Buchman, an attorney with Gilbert LLP in Washington, D.C.

It is very common these days for an EPL policy to have an exclusion for claims arising under the Fair Labor Standards Act (FLSA), he acknowledged. This has been partly in reaction to the rise in FLSA litigation over the past 10 years.