“Off-the-clock” conduct is increasingly resulting in costs to employers. Additionally, off-duty conduct that has long added to cost for employers (such as smoking or other unhealthy conduct) is now being identified and measured. In an attempt to control costs, employers are responding by implementing policies to limit their costs related to off-duty conduct. In doing so, however, employer interests are colliding with interests and values of their employees. At what point do employer attempts to limit their own liability reach too far into the personal lives of their employees?
