Most employees carry with them powerful devices – smartphone and tablets – that they use for mixed personal and professional use. These devices can enhance or hinder productivity. Their powerful communications capabilities enable a range of activity which potentially exposes employers to liability. Employers struggle with crafting policies that allow employees autonomy to use their devices and even channel them to productive work use, but limit their exposure to liability, including allegations that employers are invading the privacy of employees. This program will provide you with a practical guide to drafting policies for using smart devices on the job.
· Monitoring workplace usage and potential violations/liability for invasions of privacy
· Wage and hour issues – when does the workday begin and end when employees are never disconnected?
· EEO violations, discrimination and harassment risks when devices are used for mixed professional/personal use
· Obtaining digital evidence from employee devices – what’s allowed, what’s not?
· Best practices in preserving employer trade secret issues
Speakers:
Laura Zabele is an attorney in the Los Angeles office of Paul Hastings, LLP, where her practice focuses on all aspects of labor and employment law. She represents employers before state and federal courts and administrative agencies throughout the U.S., including single-plaintiff and class and collective actions involving discrimination, harassment, retaliation, and wage and hour issues. She also counsels employers on employment issues such as reductions in force, preparing handbook policies, and drafting employment and separation agreements.
Brian Featherstun is an attorney in the San Francisco office of Paul Hastings, LLP, where his practice focuses on complex litigation and employment matters. In addition to his litigation work, he routinely advises employers on best practices to mitigate exposure or avoid litigation altogether in areas including employment discrimination, retaliation, harassment, and wage and hour issues. He has successfully handled first and second chair responsibility for trials, hearings, depositions, and administrative proceedings.
Disclaimer: All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.