BYOD to court? Mitigate risks of your ‘bring your own device’ practice

Cell phones are a quintessential tool in modern society, including within the realm of employment. Many employers use various data networks that allow employees to access and store employer data on their own personal cell phones or other personal devices under “bring your own device” (BYOD) practices. Giving employees access to employer data on their personal devices can help businesses increase employees’ productivity and retain employees who value remote work options. But beware: BYOD practices can subject employers to compliance issues and litigation—and land them in court. What types of compliance issues can BYOD practices create, and how can employers mitigate these risks?

Wage and hour issues

BYOD practices can raise wage and hour issues if nonexempt, hourly employees access work data from their personal devices while off the clock. For example, a nonexempt, hourly employee may receive an email notification associated with a work email account while taking an unpaid lunch break. The employee checks the email, realizes it’s an urgent communication, and proceeds to respond from the personal device. To respond to the urgent email, the employee seeks out a coworker to have a discussion and obtain necessary information. In total, the employee spends 10 minutes of a 30-minute lunch break reading and responding to the email.