Creating a Bulletproof BYOD (Bring Your Own Device) Policy for Personal Devices At Work

Transcription

1 Creating a Bulletproof BYOD (Bring Your Own Device) Policy for Personal Devices At Work FEATURED FACULTY: Michael P. Elkon, Attorney at Law, Fisher & Phillips LLP (404) melkon@laborlawyers.com

2 Michael P. Elkon, Attorney at Law, Fisher & Phillips LLP Michael Elkon is Of Counsel in the Atlanta office. He represents management in all areas of employment law in state and federal courts, as well as before state and federal agencies. Michael specializes in matters concerning employee defection and recruitment, including litigating injunction and damages actions relating to covenants not to compete, non-solicitation and non-disclosure provisions, unfair competition, employee raiding, trade secrets, the duty of loyalty, the Computer Fraud & Abuse Act, and state computer protection statutes. Michael has litigated dozens of employee defection and recruitment matters in numerous state and federal courts. In addition to litigating, Michael drafts restrictive covenants for numerous different types of agreements and counsels clients on protecting their confidential information and customer relationships, as well as recruiting talent. Michael was selected for inclusion in Georgia Super Lawyers Rising Stars every year since He also worked with the Georgia Legislature and appeared before its Judiciary Committee regarding the new Georgia noncompete statute (HB 173) in the 2009 Legislative Session.

3 **Certificates of attendance and CEUs, when available, must be requested through the online evaluation.** Evaluation for Live Event: We d like to hear what you thought about the audio conference. Please take a moment to fill in the survey located here: Requests for continuing education credits and certificates of attendance must be submitted within 10 days of the live event. Evaluation for CD Recording: Please use the following link to submit your evaluation of the recorded event: Please note: All links are case sensitive Receive 1.25 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI)! For more information about certification or recertification, please visit the HRCI homepage at "The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be preapproved for recertification credit."

4 Creating an Optimal BYOD (Bring Your Own Device) Policy Presented by: Michael Elkon Phone: (404) Atlanta Boston Charlotte Chicago Cleveland Columbia Columbus Dallas Denver Fort Lauderdale Houston Irvine Kansas City Las Vegas Los Angeles Louisville Memphis New England New Jersey New Orleans Orlando Philadelphia Phoenix Portland San Diego Phone San (908) Francisco Tampa Washington, DC What is BYOD? Employees can use their own personal electronic devices to connect to the company s network. Employees are using their own Smartphone Tablets Laptops Desktops And who knows where it will go next year or the following 1

5 What is BYOD? What are employees doing with their own devices during the day? Accessing the company s network Checking s Checking their calendars Accessing company data Reviewing confidential materials Accessing trade secrets Downloading company documents Using it for personal purposes Playing Angry Birds Watching movies Keeping their kids occupied Taking and sending pictures Social media Texting BYOD by the Numbers 74% of IT leaders believe that BYOD can make their employees more productive. An Intel BYOD program led to employees reclaiming an average of 57 minutes per day. 38% of US CIOs were expecting their companies to support BYOD by the end of % of companies surveyed in 2013 allowed some or all workers to use their personal devices 2

6 Possible Benefits of BYOD For the employer: Shift costs to employee Less than 25% of US IT Managers see this as a benefit of BYOD Shift cost of service to employee Increase productivity 49% of US IT Managers strongly agree Increased employee satisfaction and typically retention 58% of employees list satisfaction and productivity as the prime benefits of BYOD Possible Benefits of BYOD For the employee: No need to carry two devices Happiness/satisfaction factor Flexibility of work time and location Increased access to resources 3

7 The Risks of BYOD Security Data breach Data loss Malware and viruses Lost/Stolen devices Trade Secret Protection Reasonable means to protect secrecy Must prevent employees from retaining sensitive materials Can be intentional or inadvertent 4

8 Compliance Compliance Industry requirements Maintaining information Ensuring privacy of data Ensuring protection against disclosures of personal information Numerous laws implicated Unpaid Wages A non-exempt employee working remotely can be owed wages for the time worked. Potential doubledamages and attorneys fees. 5

9 Harassment/Discrimination Issues Is it a use of company property? Does it create a duty for an employer to act? Does an employer need to monitor use of personal devices? Also, consider possibility of bullying Negligence Claims Especially pertinent for employers with employees who drive for work. What if an employee is using his phone and gets into a car accident? 6

10 National Labor Relations Act Point of emphasis for NLRB. Must allow employees to discuss pay and terms/conditions of employment. BYOD implications. Preservation of Information for Litigation Litigation E-discovery concerns Control and preservation BYOD increases the scope of what needs to be covered by a litigation hold notice 7

11 BYOD Policy Pointers What to include in the policy: Language reducing any expectation of privacy and monitoring if being done Advising that access is a privilege and what acceptable use is What to do if lost or stolen Security requirements BYOD Policy Pointers, Cont d Restrict usage and access by non-exempt employees Or at least require recording of all time worked Involve supervisors Beware of fees that drop an employee below the minimum wage Cover in exit procedures 8

12 BYOD Policy Pointers, Cont d Prohibit use while operating machinery Connect BYOD policy to other policies Harassment Trade Secrets/Confidentiality Social media Discipline for violations of Other policies and BYOD policy Any questions? MICHAEL ELKON PHONE: (404) MELKON@LABORLAWYERS.COM 9