Does EPLI Cover Unpaid Overtime?
Often, unpaid overtime itself is excluded or limited, although some policies offer restricted defense coverage by endorsement.
Unpaid overtime is a wage claim under the Fair Labor Standards Act when the statute applies. The Department of Labor explains that the law provides for back wages and potentially an equal amount in liquidated damages. Those statutory amounts are not automatically insured merely because EPLI covers other employment allegations. Some policies may offer a wage-and-hour endorsement with a sublimit or defense-only terms, and state laws can create additional remedies. Check the exact exclusion and endorsement for overtime, back wages, liquidated damages, penalties, attorneys’ fees, defense costs, and class or collective proceedings. Confirm the retention and aggregate sublimit as well; a quote summary may omit material restrictions in the form.
Related Coverage
Providers That List This Coverage
Sources
- Employment Practices Liability Coverage. Travelers; I.A/II.A p.1; III.A.4–6 p.7; II.F Employment Claim, PDF p.2; I.B p.1; II.U–V p.5; II.L p.3; III.A.9 and A.13, pp.7–8; III.B.2 p.8; IV.A Settlement, PDF pp.8–9. Accessed 2026-09-25.
- Wages and the Fair Labor Standards Act. U.S. Department of Labor, Wage and Hour Division; Minimum Wage; Overtime Pay; Coverage; Enforcement and Remedies. Accessed 2026-09-25.
