If it seems like everybody has an app, you're right. Even the Department of Labor (DOL) has one. The DOL's free app, DOL-Timesheet, allows employees to record the time they spend working for you. With tis app, employees can create a timesheet, enter a rate of pay, and record hours worked either contemporaneously with a after the fact. Why This Matters
This DOL tool essentially enables employees to create a shadow set of timekeeping records that could be used to challenge your timekeeping records. As you know, the Fair Labor Standards Act requires that non-exempt, covered employees be paid an overtime premium for hours worked in excess of 40 hours in a workweek. As reported in previous blog posts, litigation for unpaid overtime is on the rise. The Wage and Hour Division of DOL explains that “instead of relying on their employers’ records, workers now can keep their own records.”
What You Should Do
If you want to prevent liability under state and federal wage and hour law, consider taking the following preliminary steps:
- Review your own timekeeping and payroll practices.
- Ensure that you are properly tracking rest and meal breaks.
- Have employees acknowledge/certify that their submitted timecards are accurate.
- Conduct periodic reviews of actual practices to determine compliance.
If you have questions or would like to discuss this topic in more detail, contact me or visit my website.
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