On May 9, 2011, the Wage and Hour Division of the Department of Labor launched a free application that can be downloaded onto smart phones. The application will permit employees to track the hours they supposedly work, and the breaks they take. This application can be found on the Wage and Hour Division's website and is available in English and Spanish.
This development will impact employers in two ways. First, employers must keep accurate records as to all time worked by non-exempt employees. If employers are lax in tracking the time worked by their non-exempt employees, the records kept by employees may trump the employer’s records. Second, if an employer has incorrectly classified a non-exempt employee as exempt, the employer generally will not have any time records with respect to that employee. Should it be determined that the employee was misclassified, then the employee’s “record” of time worked may be the only detailed evidence of the hours worked by the employee. This serves to emphasize that employers must accurately classify their employees as exempt.
In essence, this application will encourage employees to bring wage and hour claims against their employers, as well as encourage creative writing in timekeeping by employees with no scruples. The bottom line is that this latest effort by the DOL will result in more costly litigation for employers. So now is the time for employers to review (1) time keeping procedures for non-exempt employees, (2) their classifications of employees as exempt and (3) policies on employee use of personal smart phones, PDAs and the like in the workplace.
If you have any questions or concerns about wage and hour issues, please contact our labor and employment attorneys for assistance.
- By Tom L. Case, Bell Nunnally & Martin LLP
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