Should my employees be paid for sending email off the clock?

Whether employees should be compensated after hours work depends on their exemption status. Non-exempt employees must be paid time-and-one-half for all work done after hours, including communications related to work. Failure to properly classify or compensate employees can result in employers being forced to provide up to 3 years of back-pay for employees seeking recovered wages. Additionally, businesses accused of being in violation are often audited completely. These audits often lead to expensive class action suits, which could mean a loss of hundreds of thousands for your business if you’re found to be in violation.