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BYOD? Legal risks of employee ‘bring your own device’ policies

Learn about the legal risks associated with "Bring Your Own Device" (BYOD) policies. This presentation covers topics such as the loss of confidential information, wage and hour issues, potential discrimination and harassment issues, employee negligence, and compliance with the NLRA. Discover best practices and protocols to mitigate these risks and protect your organization.

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BYOD? Legal risks of employee ‘bring your own device’ policies

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  1. 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.

  2. BYOD Risks Loss of Confidential Information

  3. 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

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

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

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

  7. Reimbursement of device-related fees & expenses • Increase pay

  8. Risks Associated With BYOD Policies Discrimination and Harassment

  9. Prohibit use for discrimination/harassment

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

  11. Prohibit use when driving or operating equipment

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

  13. Clearly specify restricted information/communications • Add NLRA disclaimer

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

  15. 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

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

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

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

  19. QUESTIONS

  20. THANK YOU www.woolfmcclane.com Twitter: @JChadHatmaker Linkedin: linkedin.com/in/ChadHatmaker www.TNEmploymentLawBlog.com

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