The quarterly publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/27607
Employees and Managers: Educate Yourselves! Managers need to be involved and understand the implications of non-exempt workers accessing their work e-mail and other resources on mobile devices after hours. In addition to providing a written policy covering overtime on personal devices, the second half of this equation is actually managing that process. Be explicit about deadlines and whether a non- exempt employee needs to work late on a project or respond to e-mail messages. It should be clear to all employees that a supervisor must authorize overtime in advance, and this policy should be strongly enforced. When an employer is aware of employees working late and not recording or getting paid for their time, that knowledge meets the standard of the law, and the employees must be compensated. Set Expectations of Privacy for Employee-Liable Devices A survey of 200 enterprises by The Aberdeen Group found that 73 percent allow employees to use personal mobile devices for business use. But what happens to the work-related data and applications stored on a personal device when they leave the organization? Should IT completely wipe an employee-liable device, even if the device doesn’t belong to the company? Further, should an organization monitor and limit applications installed on an employee-liable device, particularly those that might breed malware or other security threats? Just as with overtime, many of these issues can be resolved by an explicit, written policy. Under current law, if a device is being used to access and store corporate information, a firm is within its legal rights to wipe the information and applications on it, and mandate which applications can or cannot be accessed on personal devices. The bottom line is that when it comes to issues surrounding overtime compensation, as well as privacy and security, organizations need to look beyond the distinction between firm-issued and employee-liable devices. Instead, they must focus on ensuring that overtime work is accurately reported and compensated, and that employees understand the policies and limitations that come with being connected to the organization’s network. ILTA Ahmed Datoo is the Chief Marketing Officer at Zenprise, a leading provider of enterprise mobile management and mobile device management software. Ahmed’s experience in the technology industry spans strategic planning, brand marketing, software engineering and product management. He can be reached at marketing@zenprise.com. Is discovery straining your very last nerve? LEXBE ONLINE is a web-based document management/review tool that makes even the most complex, document- intensive litigation a breeze to handle. v Lightning-fast document review. Powerful search; flexible coding; Bates stamping; auto production/privilege logs. v Up-and-running in minutes. Simple user interface; easy to learn and use; free training and support. v Secure, multiple-level access. SAS70 audited; encrypted case materials; continuously monitored; easy remote access. v ‘Cloud’ convenience and economy. Always-available service means no hardware, software or personnel investment; no long-term contracts. v Latest technology. Level the litigation playing field with the tools you need to handle today’s cases. LITIGATION UNLEASHED for a free trial or demo see LastStrand.lexbe.com 76 www.iltanet.org Peer to Peer WWW.CONCEPGLOBAL.COM NEXT GENERATION EMAIL MARKETING. CONCEP CAMPAIGNER > > > > INTEGRATES WITH LEADING CRM PLATFORMS CUTTING EDGE CREATIVE SOCIAL MEDIA ENABLED CUSTOM REPORTING & BUSINESS INTELLIGENCE THE DIGITAL AGENCY FOR PROFESSIONAL SERVICES