Labor Department’s “Naughty or Nice” App Looks to Be Foundering

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By John E. Thompson

We reported last summer that the U.S. Department of Labor had launched a “Fair Labor Data Challenge” asking application developers to create “an innovative tool that lets an informed consumer find out if a business is obeying the law when it comes to paying workers properly.”

As we said then, the actual solicitation goes well beyond information relating to “paying workers properly” and indeed expressly mentions providing access to information maintained by state licensing agencies and health boards, as well as unspecified environmental data.

The initiative appears to be foundering so far. For one thing, substantive questions or concerns raised by developers weeks ago have received either no public reply or no more than essentially, “We’re looking into it.

Off to an inauspicious start

Furthermore, developers’ submissions were due by Oct. 11, 2013, and a public-voting phase was scheduled to begin the next day. Whether any apps have been entered is not clear, but it does appear that there’s no voting underway.

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The Labor Department might ascribe this to what its website calls the “suspension of Federal government services.” But the contest seems to be administered by an external, private organization known as ChallengePost, which has been described as “the official online ‘challenge platform’ of the U.S. federal government.”

The Fair Labor Data Challenge is off to an inauspicious start. This is all-the-more reason to be concerned about its already-troubling aspects, including whether any resulting app can be relied upon to provide accurate information.

This was originally published on Fisher & Phillips’ Wage and Hour Laws blog.

John Thompson is a partner in the Atlanta office of the law firm Fisher & Phillips. His practice focuses on wage and hour law, assisting employers in preventive efforts designed to ensure compliance, and he handles both investigations conducted by government agencies and litigation in the wage and hour area. John has served as a Special Assistant Attorney General for wage-hour matters for the State of Georgia. Contact him at


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