Still Don't Have a Smartphone Policy? Join the Club

Todd Fredrickson, managing partner of the Denver office, was quoted in the July 17 TLNT article "Still Don't Have a Smartphone Policy? Join the Club." The article reported on new research done by the Society for Human Resource Management that indicated more than half the companies responding to a survey about smartphone usage policies don't have any. Five years after the introduction of the iPhone, companies are still struggling with how to handle after-hours usage by their employees. The study showed that most of the written policies tend to apply only to company-provided equipment. It doesn't really matter, from a legal standpoint, who owns the equipment. If the work is being done on behalf of the employer, there is the potential for an overtime claim. Policies should cover all types of devices. Todd noted the growing number of cases being brought under the Fair Labor Standards Act for overtime in connection with after-hours wireless use. He advises his clients, "If you don't want to pay for it, don't let it happen."