With much fanfare and self-congratulation, the Wage and Hour Division of the U.S. Department of Labor recently rolled out what it probably thought was an awesome idea: an iPhone app that allows hourly employees to keep track of their hours worked. This new app presumably makes the division look very tech savvy, hip and with the times. But there is a major problem. The app, DOL-Timesheet, does not work properly and gives bad legal advice. In some instances, hours worked are not accounted for because the app improperly excludes certain breaks from the total — ironically, breaks that employers are not allowed to deduct under the same federal laws that the Wage and Hour Division enforces. In these instances, employees who use this app could be losing out on pay to which they are entitled.
For example, suppose a covered hourly employee begins work at 9 a.m. and ends work at 5 p.m. Further suppose that this employee is only allowed a single, 15-minute break every day. Under federal law, employees must be paid for such 15-minute breaks. But the Labor Department’s app doesn’t count them as time worked.
