Our Human Resources Blog

It’s no secret that over the past few years, the US federal courts have experienced a high volume of class action lawsuits alleging wage and hour violations by employers.  In an attempt to assist employees in the enforcement of these wage and hour laws, the US Department of Labor (DOL) recently announced the launch of its first smartphone application.

Essentially, the app is an electronic timesheet designed to help non-exempt employees independently track and record their hours worked, breaks and overtime. The free app is available for download from the DOL’s web page and is available in English and Spanish. It is compatible with the iPhone, iPad and iPod Touch devices. A printable work hours calendar is also available for download for employees who do not own smartphones. The app also includes links to the DOL’s Wage & Hour Division.

The DOL believes this technology will become a significant tool for employees. Allowing them to keep their own records instead of relying on employers records? Secretary of Labor Hilda L. Solis stated that, "This app will help empower workers to understand and stand up for their rights when employers have denied their hard-earned pay." 

Employers need to pay close attention to this new DOL initiative. It’s imperative that employers develop and implement precise timekeeping and reporting policies. Employers should ensure that they:

• Properly classify employees as exempt or non exempt
• Maintain accurate records related to employees pay
• Pay employees properly for all time worked 

Seems to me that this initiative has not been completely thought out?  It potentially gives employees the ability to create and edit their time records, without giving companies the ability to verify the accuracy of them.  This could generate a situation where the employer’s records are different from the employees- creating a possible conflict on how much an employee is owed.