BYOD and Compliance with Wage and Hour Laws
Employers should set some limits to their BYOD policies, wage and hour attorneys recommend Consider preventing nonexempt employees from accessing work e-mails through their mobile devices unless there’s a business need. Written policies should clarify that off-the-clock work is prohibited.
A primary concern about BYOD policies among employers is security. Personal devices might not have an automatic lock code or timeout function, and some people don’t use passwords to protect their smartphones. Employers also worry that employees may connect to data through unsecured Wi-Fi hotspots or lose their devices. These possibilities raise the risk for the unauthorized disclosure of business data.
Tips on BYOD Policies
Employers should avoid common errors with BYOD policies by:
• Mandating a complex password protection for accessing employer servers.
• Gaining consent from employees before having employer software installed on their devices.
• Giving IT the capability to wipe devices clean if the devices are lost or stolen.
• Instituting procedures for how to report lost or stolen devices, typically within 24 hours of the loss or theft.
(The National Law Review)
Respect Employees’ Privacy
As more employees use mobile devices on the job, employees are confused over what an employer can and can’t see. Workers tend to overestimate how much of their personal information is available to their employer when BYOD policies are in place. Employer access varies depending on the mobile operating system and the company’s policy. Employers typically can’t see personal e-mails and attachments, texts, photos, videos, voice mail and web activity unless that data has been routed through the corporate network.