What is Your Policy for Employee Owned Devices in Your Home Cleaning Company?

When cell phones started taking off as a must-use device for supervisors and team leaders in cleaning companies, most of us paid for the phones our employees used. But as cell phone use became more widespread, we began allowing our employees to use their own phones so we could stay in touch during their work shift. But many cleaning companies still don't have a written policy for employee owned devices and their use. Do you?

Employees that use their own cell phones or tablets at work save companies a lot of expense on the cost of the phones, monthly usage fees and insurance. But when we allow them to use their own devices, we open ourselves up for security concerns and legal compliance issues. The good news is that we can address these concerns with a clear policy.

Do you have a mobile device policy to protect your home cleaning business?

Employee Concerns

Most employees prefer to use their own phones for both work and personal use because it can be a hassle carrying around two phones all day. But despite this, they are still concerned that their off-work time will be taken advantage of. No one wants to be enjoying their day off, only to receive multiple texts from work asking a variety of questions about this or that. Worse yet, employees don't want to be giving time to their employer when they're not on the clock.

Another concern employees have is regarding the privacy of their phone. Some companies require that a timekeeping app be installed on their phone, with GPS access to their whereabouts. They may also be doing company business via text and email, so employees worry that the company will want access to their phone data, which could include personal photos, videos, email, text messages and more.

Employer Concerns

Employers on the other hand are more concerned about security. An example would be an employee that does not use a lock code to access the device. So if it's lost or stolen, company information could be at risk – especially if the device is a tablet or laptop that stores files on the hard drive or in an accessible cloud application.

Another employer concern is if an employee were to connect their device to public Wi-Fi hotspots. With the data vulnerable, hackers could access company passwords, sensitive information, or they could even delete files. And if an employee suddenly leaves the company, how will the employer know that their sensitive data has been erased from the devices?

There are even legal issues to be concerned about. What if your employee took to Facebook and started a smear campaign on your business, co-workers, customers, vendors or even competitors? Disgruntled employees could even use their devices to make harassing texts or phone calls. This opens you up to potential legal issues, not to mention the detriment to your company reputation.

Legal Risks

If an employer requires non-exempt employees to use their personal phone for business use, they could be opening themselves up for exposure to the FLSA (Fair Labor Standards Act) regarding overtime and wage payment laws.

As mentioned above in employee concerns, employers may be putting their employees in a position to answer texts and emails related to work during their “off the clock” time. What if that cumulative time pushes them into overtime and they're not being paid for it?

Depending on state law, some employers may be required to reimburse employees for the costs incurred by using their personal devices for work. And if you end up in litigation with a former employee, you may be required to produce data stored on their personal device.

What to Include in Your Employee Owned Devices Policy

First, we recommend you consult with your PEO company or an attorney that specializes in employment law to ensure you are following both state and federal laws.

Here are some key points to address in your policy:

• Require employees to sign a form accepting your policy terms.
• Develop a policy regarding when employees may work off the clock sending and responding to texts and emails.
• State the employer's right to access information, monitor and delete information from the employee's devices.
• If you use monitoring software such as GPS tracking, specify when the software will be used and for what purpose.
• State how the company will protect the employee's personal information.
• State the policy on when company data will be removed from their personal devices.
• Require that the employee protect company data by using passwords and steps for reporting lost or stolen devices. Also require that they use antivirus software and automatic backups to protect data.
• If possible, use software that can partition the phone to keep work data separate from personal data. This protects the employee's personal information.

This list is not all-inclusive but should give you an idea of why having such a policy is so important for the protection of your company and employees. As stated above, it's in your own best interest to make sure your policy complies with state and federal laws by hiring a good employment attorney to craft your policy.

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