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Sunday, October 25, 2026

Keeping pace with a shifting employment practices liability landscape - Lockton

  1. EPL underwriters have widened their focus beyond California, with nationwide scrutiny of state and local regulations, legal venues, compliance practices, and emerging risks becoming commonplace.

  2. Social inflation, nuclear verdicts, and evolving litigation dynamics are contributing to growing claim severity and more challenging underwriting conditions in a growing list of states, counties, and cities.

  3. Employers that can demonstrate strong compliance, governance, and workforce management practices may be better positioned for increasingly rigorous renewals.

Workplace litigation risks are becoming more complex, more costly, and more geographically diverse. While California remains a focal point for underwriters, growing concerns around pay transparency laws, biometric privacy, litigation trends, and plaintiff-friendly venues are expanding the list of jurisdictions receiving scrutiny.

As employment practices liability (EPL) insurance claim severity rises and regulatory requirements compound, employers face increasing pressure to demonstrate effective compliance, governance, and workforce management practices.

A more fragmented and complex risk environment

California has historically been the most challenging employment environment for U.S. employers, and it still claims a top spot among difficult jurisdictions for several reasons, including a plaintiff-friendly judiciary, outsized jury awards, and the state's Private Attorneys General Act (PAGA), which provides a private...



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