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Employees Keeping Tabs on their Hours and Pay: There’s an App for That

May, 12 2011

The Department of Labor (DOL) is touting its new smartphone app that allows workers to independently verify their hours worked and to calculate their estimated pay. According to the DOL’s Highlights release dated May 9, 2011, “This new technology is significant because, instead of relying on their employers’ records, workers now can keep their own records. This information could prove invaluable during a Wage and Hour Division investigation when an employer has failed to maintain accurate employment records.” The release can be accessed by clicking here. The release and the app’s iTunes Store page indicate that the app’s wage calculation function is limited to “traditional” hourly pay situations and those where overtime is owed after 40 hours in a work week. For now, the app is available only for the iPhone and iPod Touch, but the release states the DOL is considering releasing it on other platforms.

The take away for employers is that the DOL is stepping up its efforts to enforce compliance with the Fair Labor Standards Act (FLSA), which requires minimum wages and overtime. The FLSA requires employers to keep accurate records of time worked by employees, and there is often conflict between employees’ claims and employers’ records in FLSA litigation. Confronted with employer records that appear accurate on their face, employees have often had little in writing to support their claims. The DOL’s new app could change that. There is no requirement for employees to tell employers they are keeping separate records. Employers should ensure that management and employees alike understand the importance of accurately recording all hours worked. Employers also should advise employees, in writing, to immediately report to payroll any discrepancies between the hours they have worked and the hours reflected in their paychecks.

If you have questions about your organization’s responsibilities under the FLSA, please contact your employment counsel, or contact us.

 

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