OT rulings may lead to worker clock-watching — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

OT rulings may lead to worker clock-watching

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in Centerpiece,Human Resources,Overtime Labor Laws

watch and moneyIf your employees aren’t already using the Department of Labor’s iPhone app to track their hours, expect them to do so soon. After a series of rulings dismissing overtime claims that didn’t specify exact alleged overtime worked, word is likely to get out that there’s a convenient way to track those hours.

Recent case: Jayselle worked as an administrative assistant for a financial company. She was terminated shortly after she told her supervisor that she was pregnant.

That’s when she filed a Fair Labor Standards Act (FLSA) overtime lawsuit, alleging that for several years when she was not classified as an exempt employee, she had routinely worked more than 40 hours per week without receiving overtime pay.

Her former employer challenged her claims, although it admitted she was not exempt. The challenge was basically that Jayselle’s complaint didn’t specify exactly which weeks she had worked more than 40 hours or provide anything other than general claims of overtime.

The court looked at recent cases and concluded that Jayselle’s claims were not specific enough.

At least three recent cases required some specific allegations such as rate of pay, the weeks in which the underpayments occurred and how many hours were unpaid. However, the court has given Jayselle one more opportunity to come up with those figures before it dismisses her case. (Amponin v. Olayan America, No. 14-CIV-2008, SD NY, 2015)

Final note: The DOL app is a timesheet employees can to record hours worked and calculate the amount they are owed. When employees work more than 40 hours in a workweek, it also calculates overtime pay. To see what employees may be able to do with the app, download it.

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