The United States Department of Labor’s Wage and Hour Division has issued a new smartphone app for the IPhone and IPad that helps employees keep track of their hours worked and overtime pay owed. The app is free and may be later introduced on the Blackberry and Android platforms. While this app may sound like a great idea and an easy way for employees record their hours, it has a few drawbacks. It does not have a feature to account for tips, commissions, bonus payments, holiday pay, deductions or shift pay differentials. As such, it may not be the best system for certain classes of workers. The ease of this system emphasizes the need for employers to make sure that their time keeping systems are accurate and in place as employees may soon try to use this app as evidence in an FLSA wage and hour lawsuit. Under the law, it is the employer’s burden to keep accurate time and pay records. If it fails to do so, it can be subject to fines and penalties and may face some difficulties defending a false overtime or minimum wage lawsuit.
If you have any questions about overtime pay or correct wage practices, contact our New York Overtime Pay Lawyers at (800) 893-9645 for a confidential consultation.