Employment Practices Liability Insurance: Fourth in a 4 Part Series

By Michael C. Saqui and Anthony P. Raimondo 

Saqui & Raimondo, the industry’s leading management defense team, offers a claim and litigation management approach designed to give each insured employer the advantages necessary to achieve the best possible outcomes in these lawsuits, at the most efficient price. Here’s why S&R is a powerful choice for covered employers:

• S&R comes to employers with a proven record of achieving litigation success while maximizing litigation efficiency. In addition, at S&R we monitor our practices closely and reevaluate our procedures regularly to ensure continued adherence to insurance carriers’ high standards and detailed guidelines for attorney performance and communication.

• S&R brings deep knowledge of employment practices litigation, and use our staff and litigation protocols to bring about the best possible case outcome at the least possible costs. These attorneys know what needs to be done and can focus solely on doing it efficiently and effectively.

• Because S&R specializes in employment litigation and complex wage and hour defense, we know the plaintiffs’ bar well. We know the strategies and tactics that are likely to be deployed against our clients, and know how to diffuse them in order to achieve the best possible outcome. Plaintiffs’ attorneys are familiar with the innovative approaches and tactics that S&R brings to the table, and they know we will be prepared to litigate a case through trial if necessary. They know that we have the confidence of employers and insurance carriers, and are well positioned to negotiate effectively on behalf of our clients.

• At S&R, we know that regular communication between the insured, the defense attorneys, and the insurance carrier is crucial to an effective defense. We keep our clients and carriers well informed with detailed strategic game plans and regular updates.

Class action wage and hour litigation presents an ever growing threat to business nationwide, but especially in California. A rising tide of these cases faces employers, exposing them to devastating potential exposure and burdensome litigation costs. From Plaintiffs attorneys looking for a six figure judgment or settlement to unions looking for a foothold in the workforce, wage and hour class actions are one of the fastest growing areas of employment litigation. Saqui & Raimondo brings a unique approach to these cases, and its innovative and aggressive approaches enable employers to accomplish the optimal results when faced with this threat.

• Legal Expertise: S&R has unparalleled experience in wage and hour law and litigation, particularly in agriculture. We are experts in the intricacies of wage and hour law, especially in the unique regulatory framework that governs agriculture, including not only California law, but the Migrant and Seasonal Agricultural Worker Protection Act and the agricultural overtime exemptions under the Fair Labor Standards Act. This expertise enables us to strike with aggressive law and motion practice at the outset of litigation, challenging plaintiffs’ legal assumptions, and forcing their attorneys to focus on defending their legal theories from the very outset. This aggressive approach puts those attorneys on their heels, and establishes the defense as dealing from a position of strength from the very beginning of litigation.

• Data Management: We have established relationships with the most sophisticated database design and litigation support vendors who can be indispensable in calculating exposure based on variable factual scenarios as the testimony and evidence crystallizes. They can also be useful in controlling discovery costs. In wage and hour litigation, the defense must focus on three areas of cost (1) Ultimate settlement or judgment; (2) Defense fees and costs; (3) Plaintiffs fees and costs (which will be borne by the defendant if any wages were unpaid). Controlling the presentation of data can put the defense in a strong position to challenge inflated plaintiff fee demands at the conclusion of a case.

• Labor Relations and Labor Consultants: Our long experience in labor relations gives us a unique understanding of the psyche of the Hispanic workforce, and enables effective communication and management of the class. This can help our investigators do their jobs, and can enable clients to manage their workforce effectively as the litigation becomes publicized. Further, this background is essential in union-driven litigation, which remains a driving force in wage and hour class actions. We have access to the best and most experienced bilingual labor consultants, which provides us with an unparalleled degree of access to the workforce.

Counsel to Management:

Saqui & Raimondo brings a broad base of employment, wage and hour, and labor relations experience to bear in the defense of employment practices liability claims. Our unparalleled expertise and unique tactical approach makes us the best choice for employers facing a shakedown from aggressive plaintiffs’ attorneys. Make sure your EPLI policy allows you to choose your attorneys, and choose the industry leader.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with Saqui & Raimondo at (831) 443-7100 in Salinas, or (916) 782-8555 in Sacramento.