The proliferation of new consumer technology presents both exciting opportunities and risks for today’s employers. Employees of all ages are enamored with new smartphone and tablet technology and looking to replace their two-fisted or “dual device” approaches, i.e., one for work and one for personal use with one integrated device. Employees more than ever are demanding that they be allowed to bring and use their personal technology in the workplace. Many companies jump at this, seeing it as a cost saving opportunity. Use of smart phones and tablets in the workplace raises multiple issues, including privacy, safety and wage and hour implications which are particularly vexing in California, where employees are especially tech-savvy and laws employee-friendly.

Employer approaches range from banning personal mobile devices at work to requiring the use of such devices. Both positions are extreme. There are a number of companies who are struggling with just these issues. Generally, we advise employers to allow the use of such devices on a voluntary basis and with firm policies and employee agreements that clearly identify the respective parties’ responsibilities and liabilities. But even with these agreements in place, the use of personal mobile devices in the workplace is not without risk.

‘City of Ontario v. Quon’

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