BYOD? Legal risks of employee ‘bring your own device’ policies Presented By: J. Chadwick Hatmaker, Esq. WOOLF, McCLANE, BRIGHT, ALLEN & CARPENTER, PLLC.

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Presentation transcript:

BYOD? Legal risks of employee ‘bring your own device’ policies Presented By: J. Chadwick Hatmaker, Esq. WOOLF, McCLANE, BRIGHT, ALLEN & CARPENTER, PLLC 900 Riverview Tower 900 S. Gay Street Knoxville, Tennessee (865) (865) (fax) Circular 230 Notice: These materials are designed to provide general information. Although prepared by a professional, these materials should not be utilized as a substitute for professional legal advice in specific situations. If legal advice or other expert assistance is required, please consult with an attorney.

BYOD Risks Loss of Confidential Information

 Mobile device management software  Software can remotely ‘wipe’ employee devices  Require employees to sign acknowledgment/policy consenting to the use and acknowledging that some personal information may be lost

BYOD Risks Wage and Hour Issues Potential non-exempt employee overtime liability

 Prohibit use for work after hours unless expressly authorized  No use for work while on unpaid leave  Time worked counted as compensable time

Risks Associated With BYOD Policies Possible minimum wage violation if fees and expenses for device reduce below minimum wage

 Reimbursement of device-related fees & expenses  Increase pay

Risks Associated With BYOD Policies Discrimination and Harassment

 Prohibit use for discrimination/harassment

Risks Associated With BYOD Policies Employee Negligence Respondeat Superior Workers’ Compensation

 Prohibit use when driving or operating equipment

Risks Associated With BYOD Policies NLRA Overbroad policies inhibiting “concerted activity”

 Clearly specify restricted information/communications  Add NLRA disclaimer

BYOD Policies A BYOD policy should state: What devices are permitted Devices may not be synced with other personal devices No unauthorized modifications

BYOD Policies “Remote-wipe” software will be installed Employer not responsible for personal data loss Employee has no expectation of privacy Employer can monitor & keep communications

BYOD Policies Clear expectations for use after hours, on leave BYOD program is a privilege revocable at any time

BYOD Policies Protocols for resignation or termination No device use for discrimination/harassment No device use while driving/operating equipment

BYOD Policies What communications are prohibited contain an NLRA disclaimer Employees must sign, consenting to terms

QUESTIONS

THANK YOU Linkedin: linkedin.com/in/ChadHatmaker