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Policies to Limit Liability for Employee's Use of Smartphones

OnDemand Webinar (86 minutes)

Gain a better understanding of the risks and benefits of employees' cell phone use.Cell phone use is ubiquitous. Employers want to capitalize on that by equipping employees with cell phones. But the use of cell phones constitutes work time, and has implications in compensation, liability, privacy, and trade secrets. This topic will cover whether to allow employees to use their personal cell phones for work use, whether to provide cell phones to employees, whether to allow employees to use their cell phones while driving, and who what rights the company vs. the employee has in privacy related to cell phone use. Implementing the correct policy can save employers money and cover the employer in the event of accident or other incident.


Robert Boucher, Esq., Boucher Law Group, Inc.
Zane Hilton, Esq., Bohm Law Group, Inc.


Company Use of Employee's Personal Cell Phone

• Pros and Cons of Allowing Cell Phone for Work Purposes

• Installing Software on Employee's Personal Cell Phones

• Rights to Cell Phone Data After Employee Separates From Company

• Compensation for Time Using Cell Phone

• Compensation for Use of the Cell Phone and Employee-Paid Networks

Company Use of Employer-Provided Cell Phone

• Pros and Cons of Providing a Cell Phone to Employees

• Employee's Personal Use of Employer-Provided Cell Phones

• Employee Installing Apps on Employer's Phone

• Compensation for Time Using Cell Phone

• Compensation for Use of Cell Phone on Employee-Paid Networks

• Who Pays the Tax?

• Costs of Employer-Provided Cell Phones vs. Using Personal Phones

Use of Cell Phone While Driving on Company Time

• Who Is Liable for an Accident?

• Who Is Liable for a Ticket?

• What Constitutes Work Time When Taking Work Calls While Driving on off Time?

• Handheld Use Bans; All Use Bans; Texting Use Bans

• Most Restrictive Use Policies

Expectation of Privacy by Employee

• Civil Discovery

• Right to Inspect and Examine

• Relinquishing the Phone

• Expectation of Privacy for Third Parties

Hacking and Passwords

Employer's Trade Secret Issues

• Employer's Contact List, Apps and Secret Data

Restrictions on Use During Work Hours

• For Personal or Employer Conversations

• For Photography and Data

Interaction With Progressive Discipline

• Uniform Application

• How to Monitor


• Separating Time and Technology

• Compensation for Time and Usage

• Legally Managing Privacy Expectations