With the continuing surge of wage and hour class claims, the threat of litigation against employers has become as certain as death and taxes. Employers must take proactive steps to armor themselves against future wage and hour litigation today. In this session, the following topics will be examined: (1) how to build good faith defenses to liability and/or liquidated damages in off-the-clock work and misclassification claims; (2) the risks and benefits of waiving the attorney client privilege as to past advice of counsel; (3) preparing a discoverable exemption analysis; (4) the key role of well publicized handbook timekeeping policies, wage and hour training and time entry certifications in defeating off-the-clock work claims; and (5) methods for creating contemporaneous business records showing the amount and type of exempt work performed by exempt employees.