Employees across the country are embracing mobile devices and enjoy bringing their own devices to work. There are many smartphones and tablets on the market that keep everyone connected and productive.
The bring-your-own-device (BYOD) trend continues to gain traction in the workplace as employees increasingly want to use personally owned electronic devices for work. The BYOD trend has also led to increased employer concerns about technology, device damage and the impact of new wearable technology brought to the workplace.
In order to address all of the concerns and keep pace with new advancement in technologies, software and devices, companies need to be proactive and have an up-to-date, robust technology policy.
Technology
Many smart devices are expensive, and the potential impact of damage to a device should be considered as BYOD practices continue to rise.
A well-crafted company technology policy addresses:
- Should you require employees to use only company-approved devices for company business?
- Who determines which devices IT will support?
- Who determines what security software must be installed on a personal device and who pays for it?
- Who repairs damage to a personal device if the employee uses it for work purposes?
- Who repairs a personal device if it is damaged in the workplace or while on company business?
- How will you preserve data that may be on a personal device in case of litigation or discovery requests, with either the employee or third parties?
- Who is responsible for resolving technology issues from upgrades to the device’s operating system or apps?
- If an employee requires modifications to work equipment as an accommodation under the Americans with Disabilities Act, who is responsible for ensuring that similar modifications are made to personal devices used for work purposes?
Other considerations
Employers may have other concerns related specifically to their industry. An appropriate BYOD policy for your company should consider the jobs your employees do and what issues arise based on those jobs.
- Safety: Repair ppeople often use personal smartphones to communicate with customers. For example, if a repair person for the local cable company is speaking with a customer on the personal device while driving and has an accident, who is liable?
- Billing: If employees use their own devices for work purposes, who pays the bill for the device and monthly access charges? Will you reimburse the employee for a percentage of use? If so, will it be a fixed percentage, or will the employee have to keep records to show work vs. personal use?
- Wage/Hour Issues: Hourly employees who are not exempt from overtime rules under the Fair Labor Standards Act (FLSA) can — and probably do — access their personal devices to read company email outside work hours. There have been cases recently alleging that nonexempt employees who are "on call" and required to respond to e-mails or other messages when they are not at work may be entitled to overtime. Even exempt employees who are not entitled to overtime pay must be paid for each workweek in which they do any work — is answering emails while on vacation or leave enough? Your BYOD policy should consider these issues, how much of a problem it is for your company, and how to address it.
- New Technology: Does your policy encompass new technology such as GPS tracking, wearable technologies (Google Glass, smartwatches) and other increased functionalities?
As smart electronic devices are on the rise with increasing new applications and options available each year, it’s vital to review and update your company BYOD policy to avoid unnecessary problems in the new year.
