In case you haven’t heard the U.S. Department of Labor, Wage and Hour Divison, is encouraging your employees to report you. They are doing this several ways, including three timekeeping methods the encourage your employees to use. Of course this is nothing new. The Department of Labor has always been the instrument to investigate and right the wrongs employers commit against their employees. But the current USDOL has gotten creative in their outreach to your employers in their effort to get them to turn you in.
First, their is the webpage for a program called We Can Help. It is not designed to help you the employer. Please notice the right the box entitled How to File a Complaint. If you click it you are taken to a full page explanation of how to file a complaint.
Next their are two pdf files that offer timekeeping methods to help your employee keep track of their time in order to compare their records against yours. The first is called the Work Hours Calendar. It includes the following statement in its opening. “It is recommended that you keep your own records of all the hours you work and of your pay. It is recommended that you keep all your pay stubs, information your employer gives you or tells you about your pay rate, how many hours you worked, including overtime, and other information on your employer’s pay practices. This work hours calendar should help you keep as much information as possible.” It provides further recommendations on the types of things an employee should pay attention to.
The second method is the more basic and bilingual Work Hours Recordkeeper. It includes calculations for employees to determine their hourly pay, not based on what you say but based on what they are paid and how much they work. They idea is that if you are working them more than recorded hours, in their opinion, you may be violating the FLSA minimum wage and overtime regulations.
The third method, especially valued by your more tech-savy employees is the I-Phone application called the DOL-Timesheet. I understand it is fraught with problems, but that won’t stop employees from downloading it. So you need to pay attention to your smart phone using employees.
Now before you get the idea that I am not for paying employees correctly or legally or what they are due let me assure you that I am all for every company understanding the Fair Labor Standards Act and complying with it as is necessary and correct. As you can see here this is one of the things we assist companies with, HR compliance. It is critical that companies managers are educated in the PROPER application of the FLSA in order to avoid the often onerous fines and penalties associated with violating the law.
In today’s litigous world and with the super active DOL it is important to exercise prevention as much as possible.
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