In a Washington Examiner op-ed back in May, Americans for Limited Government counsel Nathan Paul Mehrens wrote:
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.
Now, in a letter, ALG is calling on Apple to pull the troubled app. Full letter pasted below.
Mr. Tim Cook, CEO
Apple
1 Infinite Loop
Cupertino, CA 95014
Via fax to: 408-974-6400
Hard Copy Via U.S. Mail
Re:
Notice of Faulty App and Removal Request
Dear Mr. Cook:
Within the Itunes App Store there are thousands of fun and useful apps that can add to ones Iphone experience. But there is one app designed by the Wage and Hour Division of the Department of Labor that does quite the opposite. The concept, according to the DOL, is to help workers calculate their wages so that they can keep a separate record.
However there is one problem…it doesn’t work and the Labor Department itself acknowledges this fact.
In recent documents received by Americans for Limited Government through a Freedom of Information Act request the Labor Department admits that, “It was too difficult to program so we just let any break be deducted and felt the disclaimer would explain.”
By DOL’s admission, the app is designed to give the user inaccurate wage information because it does not take into account the breaks that workers take every day.
If a small business made the mistake of relying on the official government issued app to determine the proper wages for their employees, workers would likely be paid less than they are entitled to receive, and that employer would potentially face enforcement action by the very agency that issued the app.
Due to the Labor Department’s admission that the app does not accurately calculate hourly wages and the potential legal liability for employers who use the app, we are asking that Apple pull it immediately from your app store.
The sad fact is that the Department of Labor deliberately misled Apple and the public at large upon the release of this product when they stated in their news release, “this new technology is significant because, instead of relying on their employers’ records, workers now can keep their own records. This information could prove invaluable during a Wage and Hour Division investigation when an employer has failed to maintain accurate employment records.”
Despite the fact that the disclaimer describes the app as only a “public service” and gives no “express or implied guarantees,” the statement in the news release makes it clear that this app was made to serve as a legitimate record of employee hours, and is viewed as reliable enough to launch an investigation of an employer by the federal government.
Ultimately, it is the Apple customer who downloads and uses the app in good faith who is at risk, and given the admitted failure by the U.S. Labor Department to create product that performs as advertised, the only responsible action by Apple is to remove the app immediately from your store.
Sincerely,
William Wilson
President
