Off-the-clock pre-shift and post-shift cases are difficult, expensive and risky. If you lose, you’re not just paying your lawyer, but also the plaintiffs’ lawyer.
Generally speaking, it violates the Fair Labor Standards Act to take a deduction from the salary of an exempt employee.
When considering whether you are paying your employees correctly, the main consideration is always the FLSA.
At least for the next two-plus years, employers should be taking full advantage of the government’s focus on education for workplace compliance.
It should give employers some comfort that in closer FLSA cases, courts should not be so quick to conclude that they misclassified an employee.