Frequently asked questions

EPLI (Employer Practice Liability Insurance) provides coverage for an insured company for claims brought by an employee alleging Wrongful Termination, Discrimination, or Harassment.

This EPL insurance policy is a “claims-made” policy, which means for purposes of coverage:

• The claim must be reported no later than 30 days after the expiration of the Policy Period; and  
• The claim must be reported prior to the termination of your Client Services Agreement (“CSA”) with ADP  TotalSource; and 
• The claim must be reported in writing via overnight mail or electronic mail to and received by the ADP TotalSource Legal Department or the Human Resources Business Partner assigned to you 
  (see Q5 and Q6 for more details on your reporting obligations).  

As an ADP TotalSource client, your company (and all entities that are identified in a Related Entity  Addendum to the CSA) are insureds with respect to claims against your company that are brought by a Worksite Employee (as defined by the CSA) or job applicant. Coverage is also provided to Worksite Employees but only for the conduct of business within the scope of their Employment. Worksite Employees include a Self-Employed Individual or a Non-Paid Owner who has signed ADP TotalSource’s “Self-Employed Individual and Non-Paid Owner Participation Addendum.”  

A claim is a written demand or notice received by you where a Worksite Employee or job applicant alleges damages resulting from Wrongful Termination, Discrimination, Harassment or Workplace Torts. A claim can include: 

• a civil action
• an administrative proceeding
• an alternative dispute resolution proceeding to which you must submit or to which you submit with Chubb’s consent
• an action brought by a person or entity acting on behalf of a Worksite Employee, or job applicant, or  former worksite employee

A claim shall include a proceeding for injunctive or non-monetary relief.  

The following types of claims are not covered under the EPL policy: 

• Workers’ Compensation 
• Contractual Liability 
• Employee Retirement Income Security Act (Note: claims alleging retaliation in violation of Section 510 of ERISA may be covered, but Chubb will not pay as loss amounts the benefits, pensions, insurance or other rights sought by a Worksite Employee under any ERISA benefit plan) 
• Losses or costs resulting from a strike or lockout (except for wrongful termination or retaliation as a result of a strike activity or union involvement) 
• Workers’ Adjustment and Retraining Notification Act 
• Liability or costs incurred when modifying a building or property to make it more accessible or accommodating to any disabled person 
• Express contract of employment or express obligation to make payments  
• Fair Labor Standards Act and state equivalents (except for retaliation claims) 
• Loss Amounts arising from, relating to or involving a business dispute, or to otherwise insured events arising from, directly or indirectly, or relating to in any way in whole or in part from such business disputes (e.g. a dispute regarding ownership and business interests of a company)
• Claims arising from the use of information used to identify a person based on an anatomical scan or any record of biological pattern or characteristic. (“Biometric Information Claims”)
• Claims for bodily injury, sickness, disease or death of any person or damage to or destruction of any tangible property
• Occupational Safety or Health Act violations (except for wrongful termination or retaliation claims)

Please note, there shall be no coverage for a Client Company and all entities named in a Related Party Addendum to the CSA for any EPLI claim involving any person, fact, circumstance, transaction, cause or event that is the subject of a misrepresentation in the application process for a CSA. For example, a misrepresentation would be made in the following scenario: An employee is terminated and, on the way out the door, the employee tells the company he is going to file a lawsuit alleging wrongful termination. Before a lawsuit is actually filed, the company makes a written representation to ADP TotalSource during the sales process that the company is not aware of any facts which may result in an employment practices-related claim being made against the company. This would be a misrepresentation as the company was on notice that there may be a claim for wrongful termination pending.   

An incident is anything likely to give rise to a claim covered by the policy. While incidents may be reported in writing to the ADP TotalSource Legal Department or Human Resources Business Partner assigned to you (see Q6 for further details), this does not preclude you from calling your Human Resources Business Partner for immediate guidance on how to handle the human resources issues stemming from that incident. In fact, not contacting your Human Resources Business Partner for guidance on how to handle the situation may impact your eligibility to receive ADP TotalSource’s Legal Defense Benefit should this incident later become an employment practices related claim. (Please see the ADP TotalSource “Legal Defense Benefit Frequently Asked Questions” for further information.)  

For any covered claims to be insured under this policy, you must give ADP TotalSource notice as soon as practicable after you become aware of any claim covered by the policy.  

To give proper notice, you must notify, by overnight mail or electronic mail (and include any relevant documents), your Human Resources Business Partner or the ADP TotalSource Legal Department.  The address for the Legal Department is 10200 Sunset Drive, Miami, FL 33173. 

For all claims, you should provide: 

1. The identity of the person alleging Discrimination, Wrongful Termination, Harassment or a  Workplace Tort, 
2. The date the claim was received, and 
3. Copies of the demand, notice, summons, or other legal papers received in connection with the claim. 

All claims must be reported prior to the termination of the CSA. 

Claims are reported by ADP TotalSource to Chubb to manage claims. Chubb conducts an initial assessment of each claim and works with the client company in its evaluation of the claim. 

No, it is Chubb’s duty to appoint defense counsel to represent the client. Counsel will be assigned from Chubb’s EPL panel counsel list based on the jurisdiction where the matter is pending.  If the ADP TotalSource Legal Defense Benefit is granted and counsel assignment is chosen by ADP TotalSource (see Legal Defense Benefit Q&A), counsel assigned will also be from Chubb’s EPL panel counsel

The benefits of panel counsel are:

• Expertise in Litigation and Employment Law: the panel includes thoroughly vetted firms based on their experience in litigation and employment law in their respective jurisdictions providing knowledgeable representation on complex employment claims.
• Cost-Effectiveness: panel counsel typically offers services at lower rates allowing insureds to manage defense costs budgets while maintaining high quality representation.
• Streamlined Communication: use of panel counsel promotes efficient communication with all parties involved in the case as there is a familiarity with the Chubb team and general processes.

Note: Chubb has the right to deny coverage if you decline assignment of counsel from the EPL panel counsel list. 

Your business will be protected against employment practices liability up to a maximum annual policy year aggregate limit of $1,000,000 for all claims brought against you or any Insured covered under Coverage Parts B or C of this policy. The insurance is also subject to a policy period aggregate limit of $40,000,000 (between the primary and additional aggregate insurance policies carried by ADP TotalSource). This covers all claims against all insureds under this policy and is not an individual aggregate. Of course, all coverage for defense costs, judgments and settlements are subject to the terms and conditions of the policy.  

Yes, as a condition precedent to coverage under the policy, a client shall pay all sums for which it is responsible  under the self-insured retentions.

• For claims made outside the State of California, the retention/deductible under this plan is $25,000 for  settlement and/or judgment costs on each claim and the retention/deductible for defense costs is $75,000.For claims made in the State of California, the retention/deductible is $200,000 for settlement and/or  judgment costs on each claim and the retention/deductible for defense costs is $200,000. 

Voluntary Payments, including defense costs and expenses incurred by the Client Company or obligations  assumed by the Client company, without the consent of the insurer, will not be applied or reduce the Client  Company’s self-insured retention.  

The defense costs retention/deductible may be covered under ADP TotalSource’s Legal Defense Benefit (LDB) for Worksite Employees provided you have fulfilled all of the conditions for the benefit. Also, for claims made in California, if a settlement or judgment is in excess of $50,000, ADP TotalSource may fund the remainder of the applicable retention/deductible provided you have fulfilled all the conditions for the LDB. (See the ADP TotalSource “Legal Defense Benefit Frequently Asked Questions” for more information on the LDB). 

Additionally, you may consider maintaining or seeking your own EPL policy (see Q13 for additional considerations).

Coverage is provided in accordance with the terms of the policy in the event a covered claim is presented 
after inception of the CSA and prior to its termination, provided that: 

1. The claimant is an ADP TotalSource Worksite Employee, former Worksite Employee, or applicant for employment.
2. The first written complaint or charge is received by the Client Company during this period and reported to ADP TotalSource in accordance with the reporting provisions of the policy. 
3. The claim is not based upon, did not arise out of or is not attributable to otherwise insured events that were known, on or before the inception of the CSA, by the Client Company’s management, or its corporate legal or human resource departments, which could reasonably have been expected to result in an employment practices liability claim. 

You have two options:

1. You may keep your existing coverage for additional protection (see Q4 for claims which are not 
   covered) If you choose to keep your existing coverage, please note:
   • You should still provide notice to both your HRBP and standalone policy of the claim to avoid any issues of late notice.
   • If your Other Insurance language declares your policy as primary, your policy (retention, limit, terms and conditions, etc.) will apply first.
   • If your Other Insurance language declares your policy as excess, determination for which policy (retention, limit, terms and conditions, etc.) will respond will be determined at the time of the claim by Chubb and the carrier for your standalone policy. If you prefer to have the Chubb policy respond first, consider discussing with your current broker to make your policy expressly excess of a PEO EPL policy.  
2. If you elect not to keep your existing coverage, you may consider purchasing “tail” coverage for your existing EPL policy covering claims that arose prior to contracting with ADP TotalSource. Please consult with your current broker to discuss.  

The TotalSource policy provides a $1 million dollar limit for EPL claims by Worksite Employees and job applicants only. As such, you may wish to explore the possibility of buying additional limits or third party coverage.

• If you currently work with an existing broker for EPL or other lines of business, you should consult with them to review/request an EPL policy (see Q13 for considerations).
• If not, you may wish to review the purchase of other coverages with Marsh Risk, ADP TotalSource’s insurance broker. Please note that although Marsh is associated with ADP TotalSource, this negotiation would be separate and apart from your relationship with ADP TotalSource and would require additional fee/premium. 

Tail coverage is not available via the ADP TotalSource program. If you require tail coverage, you should consult with your current broker to determine if a standalone tail can be purchased or if prior acts coverage can be included in your go-forward policy.

If you have an existing claim already reported, it will continue to be handled under the TotalSource policy. As a reminder, this is a claims-made policy and there is no coverage for claims made after the termination of the CSA with ADP TotalSource.

No.

Most General Liability policies exclude Employment Related Practices Liability.  As for your D&O  policy, some include EPL coverage for the Directors & Officers, but may not provide coverage for the entity itself.  You should also look to your other policies to answer this question.  

The self-service ADP TotalSource portal is available 24/7 to obtain your certificate of insurance as an ADP client. Ask the person requesting the COI what the minimums and limits of coverage should be. Please note that it is important to request your COI ahead of time before you plan to start working with the vendor, contractor, or customer.

Dec pages are a summary of the entire Workers’ Comp or EPLI policy.  Dec pages are a good resource for the “basics” of the policy itself and can be printed for reference.

The self-service Marsh Web Portal lets you automatically create certificates when you need them.  Easily download your COI so you can email it to the Certificate Holder. You can also print certificates from the Web Portal.

If your PDF doesn’t open, you may have a pop-up blocker turned on. You’ll need to disable this pop-up blocker to open and download your PDF. If you’re still having difficulties, please contact Customer Service.

Tip: Chrome is the best browser for accessing your Customer Portal. Safari is not a preferred browser.

If you happen to encounter issues accessing our portal, do not panic! It is best in this scenario to reach out to Customer Service.

We will be able to both assist you in diagnosing and reporting your issues when needed and process any document requests that you may have in the meantime.

A Waiver of Subrogation is a provision in an insurance policy that prevents the insurer from pursuing a third party to recover the amount of a claim paid to the insured. This means that if an insured party suffers a loss and their insurance company pays for that loss, the insurer cannot seek reimbursement from the party responsible for the loss. 

In applicable states, waivers of subrogation can easily be added to your COI.

In the Marsh portal, select yes to the question “Are you required to provide a waiver of subrogation?" 

Example of the benefits of a Waiver of Subrogation: Imagine a construction company, ABC Construction, is hired to build a new office. As part of the contract, the client (the property owner) requires ABC Construction to include a Waiver of Subrogation in their general liability insurance policy. During construction, a worker accidentally damages a neighboring property. The neighboring property owner files a claim against ABC Construction for the damages.

Insurance Claim: ABC Construction's insurance company pays the claim to the neighboring property owner for the damages caused by the worker. However, because of the Waiver of Subrogation clause in ABC Construction's policy, the insurance company cannot pursue the neighboring property owner for reimbursement of the claim amount.

Please note: Waiver of Subrogation is prohibited in New Jersey and Kentucky. 

Carriers will assign you a minimum premium policy if your payroll is small enough that your calculated premium is less than the minimum premium amount for your type of business. Minimum premiums are the lowest premium a carrier can charge you for their workers’ compensation insurance and cover the cost to manage your policy.

A Notice of Cancellation modifies an insurance policy to provide notice of cancellation beyond that stipulated in the policy. To request an NOC endorsement, select yes to the question "Do you require special endorsements or contractual language", and select yes to the question "Does the certificate holder require a notice of cancellation?"

You will need to provide the # of days' advanced notice of cancellation required. NOCs are typically written for 30 days. Please note that NOCs do NOT apply in the following states: AZ, FL, NJ, NC, ND, OH, VT, WA, WI, and WY.

No. You can’t add additional insured to a workers’ compensation policy. Your policy only covers your employees that are on an ADPTS payroll. “Additional insured” status is a term used often for general liability insurance. It denotes that you’re offering your general liability insurance policy benefits to another party you’re engaging in business with, and is commonly used (and in some cases, contractually required) by businesses.

The Alternate Employer endorsement extends workers' compensation coverage to other companies with whom the primary insured may do business with.

Marsh can add an alternate employer endorsement to your policy. Please contact Customer Service to have this added. 

To proceed with your request, include the information in your request:

• Alternate employer name to appear on the certificate
• Insured or Certificate Holder
• What type of relationship does your company have to the certificate holder? 
• Project location? 
• Expected length of project? 
• Type of work being performed? 
• Number of employees working on the project? 
• What are the states of payroll for those employees? 
• Are subcontractors being used?

We may be able to add the additional states to your policy. AIG has two policy forms—not all states can be included on the same form. Please contact Customer Service to assist you with this request.

Please contact Customer Service, a representatives will request from ADP on your behalf.

Classification codes, or ‘class codes’ are the alphanumeric codes associated with the exposures which are a part of the business you conduct. You may request a redacted copy of your classification codes from the Service Center.

As you are under a PEO agreement with ADP, you are not privy to the information used for calculating premiums as you do not pay a direct premium. Your worker’s compensation coverage is included as a part of your PEO relationship with ADP.

If you have additional questions, you should contact your Human Resources Business Partner (HRBP) or your Risk Management team at ADP.

An experience modifier rating, also known as an experience modification factor or EMR, is a key component of the workers' compensation insurance premium calculation. It is a numerical representation of a company's past workers' compensation claims experience compared to other companies in the same industry.

Please reach out to Customer Service to request a copy of your experience modifier rating letter.

Policy dec pages (declaration pages) provide a high-level summary of coverages for both Worker’s Compensation and EPLI policies.

Both Worker’s Compensation and EPLI Dec pages can be generated on the Portal.  Simply click Request a Document, then select Policy and Declaration page in the drop-down menu.

If a full policy is required, please contact your assigned ADP TotalSource HRBP

The 2026 review period is from 3/1 to 3/21.

This critical review period is essential to verify the accuracy of your certificates and remove unnecessary documents from your account before they are automatically renewed. You will be able to preview your current certificates and/or make updates to those certificate(s) including certificate information and project details.

Request those changes through the “Request a Document” process in the web portal.

Renewal documents will be made available to download from the web portal in PDF format on 5/1.

• Download PDF from portal
• Emailed
• Physically mailed

The review allows you to see the certificate you will receive for the renewal term so if you need to make changes you can do so ahead of time. This way you have what you need while avoiding inaccurate certificates.

Reasons you may not be able to see a certificate could be a result of inactive or expired certificate information. For example, an inactive/expired policy, certificate holder, location, etc.

Your list of certificates in the portal are up to date as of the prior day.

Renewal certificates that were not selected or available through the review process can be requested through the “Request a Document” process in the web portal.

Removing certificates from the portal is available each year during the review period. If you missed the opportunity, you will be able to remove certificates from the portal during the next review period for the next policy period renewal.

Certificates will be uploaded when the process is initiated by your third party vendor.

Please note: If Marsh is not identified as the broker on the current project, please contact your third-party vendor for instructions on this process. When updating the broker information, providing them the Marsh email address (ADPTotalSource@marsh.com) will initiate the upload process.

There are a few different reasons there could be a delay, outlined below:

• Requests for a minimum premium policy: If you select that you need ADP to not be listed on your certificate, this will route to our service center for review, approval and issuance of a Minimum Premium Policy
• Requests to add a new registered DBA (doing business as): These requests will be routed to our service center to work directly with ADP for approval
• Requests for description of operations language (special language requests) that include General Liability insurance descriptions for the Workers' Compensation policy: This includes phrases like “additional insured” and “primary and non-contributory” as these do not apply to workers compensation
• Requests for special endorsement that require approval through the carrier or ADP. i.e. USL&H, defense based acts, Jones Act, Continental shelf, foreign travel, notice of cancellation endorsement
• Bulk requests without file attachments or in the incorrect format: The template for these requests can be accessed through the portal

Annually the system defaults to renew your certificate unless you specified not to renew. Please allow 3-4 business days for your renewal certificate to be available through the portal.  If you need your renewal certificate prior to this time, please go to Request a Document to generate the certificate for your next policy period.

If your new business name and/or address are not reflected through the portal, you can request those updates via your ADP HR Business Partner. 

• You may download an individual document or multiple documents at a time from the portal
• You may request to email your documents from the Document History option on the portal
• You may request to have your documents physically mailed from the Document History option on the portal

You can utilize the bulk download feature. Watch our portal walk-through video to learn more. 

This verbiage is included in the waiver documentation as part of the standard form provided by the carrier of the coverage and approved by the state. This does not apply to you as you participate in the ADP PEO program and are not assessed premium for your ADP workers compensation coverage.

Yes, they will be renewed. You must request those through the standard request process as the review period will be closed.

No. True MPP requests need to be vetted and approved by both ADP and AIG. If approved, ADP will report these to Marsh.

An alternative approach to an MPP is to request a “Standalone” certificate, which does not include ADP in the insured section. The standard Worker’s Comp Policy # applies to the Standalone COI.

DBA is an acronym for “Doing Business As”  - often a local business name under a larger organization.  Not to be confused with Defense Base Act  

The Defense Base Act provides workers' compensation protection to civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or for national defense.

Federal law that gives seamen who were injured in the course of their employment the right to sue their employer for personal injury damages.

Modifies an insurance policy to provide notice of cancellation beyond that stipulated in the policy.

Extends the benefits of the Longshore and Harbor Workers' Compensation Act (LHWCA) to workers injured or killed upon fixed structures (e.g., oil well platforms) that are permanently attached to the outer continental shelf for the purpose of natural resource exploration or development.

USL&H (United States Longshore and Harbor) is a federal coverage that applies to maritime employees who work on or over navigable waters in or adjacent to the United States.