byod policy

More Class Action Lawsuits: Employee Cell Phone Expense


More Class Action Lawsuits: Employee Cell Phone Expense

Many business owners believe that California is a very difficult place to conduct business and to have employees. That belief may soon gain more advocates as a result of a recent California court decision that employers must consider. The Court determined that employers must reimburse employee cell phone expense when employees use their personal phones/mobile devices for work related purposes. The Court focused on California Labor Code Section 2802, among others. The Court reasoned that employers should not benefit from a “windfall” by relying on employees to pay for their own cell phone plans while using such devices for the benefit of employers. This is true, the Court decided, even if the employee does not suffer any additional out of pocket expenses for having their own cell phone plan (for example, employees who have an unlimited plan, or who do not get charged per call, really do not suffer any detriment by using periodically their own devices for work).

You can read more about Cochran v. Schwans Home Services, Inc. and some practical pointers in my October 2014 post titled “Cell Phone Expenses: Next Wave of Employee Class Action Lawsuit?” at Maximize Social Business.

Another Government Agency Addresses Social Media in the Workplace


Another Government Agency Addresses Social Media in the Workplace

In my latest post for Maximize Social Business, I summarize and analyze the impact of the public meeting and the issues that the EEOC highlighted. Ultimately, it is refreshing to know that most of the issues brought before the EEOC are ones that I have written about (and counseled my clients on) over the past several years. The EEOC’s interest in these issues, however, should serve as a reminder to employers that social media in the workplace will only raise more issues and pose more risks unless employers are proactive and avoid waiting for the EEOC to come knocking on the door.

Personal Devices in the Workplace Policy – What Employees and Employers Need To Consider


Personal Devices in the Workplace Policy – What Employees and Employers Need To Consider

New potential for disaster in workplace employment law is BYOD (bring your own device).

The number of individuals owning and using personal mobile devices continues to skyrocket. Employers can no longer simply bury their head in the sand to this phenomenon. Instead they should address this issue head-on by either creating a Bring Your Own Device (“BYOD”) policy, or a policy prohibiting the use of personal devices in the workplace. In doing so, employers need to analyze many legal and security issues regarding their employees bringing and using personal devices in the workplace.

Employees too should consider whether they truly want to use personal devices for work purposes and the loss of privacy and other ramifications for doing so.

In my latest post for Maximize Social Business titled “Workplace BYOD Policy: One Size Does Not Fit All” I analyze many of the pros and cons and other issues regarding the use of personal devices in the workplace. What position has your employer taken on the personal devices in the workplace policy (BYOD) trend? If your employer has not addressed this issue head on, do you use your own device for any work-related purposes (like checking work email)?