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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 37902 (865) 215-1000 (865) 215-1015(fax) chatmaker@wmbac.com 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.
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BYOD Risks Loss of Confidential Information
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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
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BYOD Risks Wage and Hour Issues Potential non-exempt employee overtime liability
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Prohibit use for work after hours unless expressly authorized No use for work while on unpaid leave Time worked counted as compensable time
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Risks Associated With BYOD Policies Possible minimum wage violation if fees and expenses for device reduce below minimum wage
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Reimbursement of device-related fees & expenses Increase pay
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Risks Associated With BYOD Policies Discrimination and Harassment
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Prohibit use for discrimination/harassment
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Risks Associated With BYOD Policies Employee Negligence Respondeat Superior Workers’ Compensation
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Prohibit use when driving or operating equipment
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Risks Associated With BYOD Policies NLRA Overbroad policies inhibiting “concerted activity”
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Clearly specify restricted information/communications Add NLRA disclaimer
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BYOD Policies A BYOD policy should state: What devices are permitted Devices may not be synced with other personal devices No unauthorized modifications
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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
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BYOD Policies Clear expectations for use after hours, on leave BYOD program is a privilege revocable at any time
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BYOD Policies Protocols for resignation or termination No device use for discrimination/harassment No device use while driving/operating equipment
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BYOD Policies What communications are prohibited contain an NLRA disclaimer Employees must sign, consenting to terms
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QUESTIONS
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THANK YOU www.woolfmcclane.com Twitter: @JChadHatmaker Linkedin: linkedin.com/in/ChadHatmaker www.TNEmploymentLawBlog.com
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