Your Tax Dollars At Work
The United States Department of Labor ("DOL") has developed a free application ("app") for iPhones, ipad and iPod Touch to record hours employees have worked and calculate the amount owed by an employer. The app assumes overtime pay at the rate of 1.5 times the regular rate of pay for all hours worked over 40 in a week.
According to DOL's website, it is available in both English and Spanish editions. Apps compatible with other smart phones are planned. The Labor Department will explore updates that could enable similar versions for other smartphone platforms, such as Android and BlackBerry, and other pay features not currently provided for, such as tips, commissions, bonuses, deductions, holiday pay, pay for weekends, shift differentials and pay for regular days of rest.
There is also a printable work hours calendar in English and Spanish for those who choose a lower tech version. The calendar includes information on filing a wage and hour complaint.
The app will provide employees with an independent record of time worked that is sure to be compared with employer-maintained time records. Ironically, time spent entering time into the app may also be considered hours worked by DOL.
We did a test run on the app to see how it worked. It is helpful on providing an easy log of dates worked and exact times, but computes all entries as compensable, without regard to the employee's status as an hourly employee or a salaried exempt employee.
For more detail visit DOL's website at http://www.dol.gov/opa/media/press/whd/whd20110686.htm.
BOTTOM LINE
The app may assist employees with documenting the increasing number of state class actions and federal collective action wage and hours lawsuits. Employers are reminded to review compliance procedures for recording of hours, break period and meals periods to avoid compliance issues.
Skarlatos & Zonarich LLP is a full-service law firm with highly skilled professionals dedicated to providing clients with sound advice and aggressive advocacy. For more information, visit skarlatoszonarich.com.
