In a latest example of the more active stance of the U.S. Department of Labor (DOL) in enforcing the federal wage and hour laws, the DOL recently announced its launch of a new timesheet application for smart phones. The purpose of this “app” is to enable employees who believe they are being misclassified as “exempt” from the overtime requirements or are not being paid for all of the hours they have worked to keep a separate “shadow” record in order to support a later claim for wages owed.
In its announcement, the DOL stated that the app will enable employees to “independently” track the hours they work and determine the wages they are owed. Users can record regular work hours, break time and any overtime hours for one or more employers. The DOL believes this new technology is significant, because for those workers who use the app, the DOL will not have to rely on employer records in the context of a Wage and Hour Division investigation. The free app is currently compatible only with the iPhone and iPod Touch; however, the DOL has indicated that it is exploring updates for compatibility with other smart phones such as Android and BlackBerry phones.
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