Record Keeping App

The Department of Labor has created an i-Phone app that allows employees to enter the hours they work and calculate the wages they are owed, including overtime at time and one half their hourly rate. This will allow employees to keep their own time records. In wage hour litigation well kept employee recortds may be sufficient evidence to overcome any presumption in favor of employer time records if there is a discrepancy.

Wage Hour targets grocers

A Bunkie supermarket has been fined $35,000.00 by the Department of Labor for employing minors under the age of 18 in occupations the government deems hazardous. The Birmingham office of the Wage/Hour has announced an enforcement initiative targeting small grocery owners and franchisees in Mississippi and Alabama.

Formality rejected

In a divided opinion, (Breyer) the Supreme Court has decided that a written complaint is not a necessary prerequisite to a retaliation claim under the Fair Labor Standards Act. The Court refused to decide whether the complaint must be filed with  a court or the government, (as dissenters Scalia and Thomas urged) because the Employer did not raise the issue in its Petition for Certiorari. Nevertheless, much of the reasoning in the majority opinion would support the position that an internal complaint would also be protected by the anti-retaliation provisions.