If the answer is yes, your company is not alone – a recent survey revealed that 86 percent of employees now personally own the devices they use on the job.
Bring Your Own Device (BYOD) policies increasingly makes both economical and practical sense for both employers and employees, as employers would rather not purchase expensive and redundant mobile smartphones, while most employees would prefer not to carry and be responsible for multiple devices if one device fulfils the requirements of both professional and personal use. While BYOD policies may appear to be an optimal solution for both parties, questions concerning monitoring and privacy can put a damper on such enthusiasm. Does your workplace need a BYOD and electronic privacy policy?
In the state of Colorado, employers are allowed to monitor email, Internet and other activity on employer-owned devices, and employees do not have an expectation of privacy in relation to employer-owned email and Internet accounts and services or employer-owned social media accounts. However, Colorado law does restrict employers in a myriad of ways from accessing or dictating how an employee may use their personal social media accounts. Additionally, employers in Colorado are prohibited by state law from punishing or restricting employees from engaging in lawful activities outside of work, with the notable exception of cannabis growth, distribution and/or consumption which are all prohibited under federal law. Finally, recent decisions handed down by the National Labor Relations Board (NLRB) have granted employees expansive rights to speak and act freely online when discussing the terms and conditions of their employment, as such activity can be construed as legal and permissible under federal and state labor law.
What does all of this mean to you and your business? It means that you and your managers must carefully navigate both federal and state laws and regulations when drafting and enforcing conduct and privacy policies related to privacy and BYOD, email and other digital communications. These policies must be crafted in such a manner that the rights of both you and your employees are respected, and should be both comprehensive and easy enough for your managers and employees to understand.
At Human Resources Plus, we can help you craft a BYOD and electronic privacy policy that is legal under both federal and Colorado law and respects the rights of both you and your employees. Contact us today to learn more about our employee handbook and policy review services.