Virtually every week I hear about another employer allegedly requiring, encouraging or tolerating situations in which nonexempt employees are working off the clock. Even large employers with robust compliance programs are not immune to such legal missteps.
Of course, it is not just larger employers being sued. Employers with relatively few workers -- that literally cannot afford the cost of defense -- are being sued, too.
The goal for employers is not to win “off-the-clock” cases but to avoid them.