BYOD?Legal risks of employee

‘bring your own device’ policies

Presented By:J. Chadwick Hatmaker, Esq.

WOOLF, McCLANE, BRIGHT, ALLEN & CARPENTER, PLLC900 Riverview Tower

900 S. Gay StreetKnoxville, Tennessee 37902

(865) 215-1000(865) 215-1015(fax)

chatmaker@wmbac.comCircular 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 devicesRequire 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

www.woolfmcclane.comTwitter: @JChadHatmaker

Linkedin: linkedin.com/in/ChadHatmaker

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