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Labor & Employment

Workplace ‘Bring Your Own Device’ Policies Save Money Now, But May Risk Future Litigation

Posted Jul 17, 2012 5:50 PM CDT
By Martha Neil

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There are a number of reasons why employers often find it beneficial to acquiesce to workers who wish to use their own personal electronic devices on the job.

But adopting so-called Bring Your Own Device policies, while a money-saver for employers in the short run, can create a number of litigation risks, New York Law Journal reports in an article reprinted by Corporate Counsel.

Among them: Legal requirements concerning security, encryption and confidentiality could be breached by BYOD use. Litigation discovery can also be complexified by the need to obtain material from equipment that is used both for personal and work matters.

Likewise, BYOD policies can create a risk that dual-use equipment will result in wage-and-hour claims by hourly employees seeking additional or overtime pay, the article notes.

It suggests that management may be able to reduce such risks by having a BYOD policy that requires written permission to work remotely at home using a personal device and instructs workers to respond to email only during regular work hours.

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