According to a recent Cicso survey, 90% of Americans use their own devices at work. To protect confidential business information that may be shared over an unsecured IP address on an employee’s personal laptop, smartphone or tablet, employers are encouraged to have a BYOD (“bring your own device”) policy in place. With the expanded use of personal devices by employees, for social media purposes or otherwise, business owners and HR managers must address legal issues like data and privacy rights, IP ownership rights and NLRA activities that impact these growing trends in the workplace. The interactive seminar will cover these topics and include a review of recent court decisions about social media use in the workplace using case study examples, as well as provide insight into how businesses can better manage the expanded use of BYOD by employees to conduct employers’ business via their own devices.

1. Cradle to Grave: Legal Aspects of the Employment Lifecycle
Maneuvering the Minefields of
BYOD and Social Media in the Workplace
Welcome to…
Sponsored in partnership with…
June 10, 2014

2. BYOD:
(BRINGYOUR OWN DISASTERS)
William E. O’Gara, Partner, PLDW
Rachelle R. Green, Partner, Duffy & Sweeney
Brian J. Lamoureux, Partner, PLDW
@brianattorney

3. Today’s Game Plan
• Spot issues
• Hot topics and recent cases
• Scenarios
• Best practices/tips
• Questions (as we go)

4. Relatively new phenomena
Cell phones have been in workplaces for years, but huge increase in
use of smart phones and tablets raise new issues re: safety, security,
privacy, and wage and hour compliance
Issues and resolutions vary by company
BYOD Overview

5. A New Style of IT – Data, Data Everywhere…
Mainframe Client/Server Internet
Mobile, Social,
Big Data & the
Cloud
Every 60 seconds:
698,445 Google searches
695,000 status updates 217 new mobile web users
98,000+ tweets 168 million+ emails sent
11 million instant messages 1,820 TB of data created

6. BYOD Adoption
What’s
Driving
BYOD
Adoption?
• Consumerization of IT
• Increased Productivity
• Appeal of consumer
technology
• Convenience for users
• Increased accessibility
• Reduced expenses
• Recruiting tool
75% of surveyed organizations
allow employee BYOD!
51% could bring any device,
with little to no policy measures
Only 24% had any sort of
compliance policy in place

7. BYOD Implementation Scenarios
Embrace Contain
Disregard Block
Embrace – Allow everyone to use
all devices to access all resources
Contain – Allow some people to
use some devices to access some
resources
Disregard – Ignoring the presence
of personally owned devices in a
corporate environment
Block – Ban the use of consumer-
grade products or services by
explicitly prohibiting their use in
an appropriate policy
BusinessValue
HighLow

8. • Employment Issues
• Wage/Hour
• Expense Reimbursement
• Harassment
• Global Trade/encryption
• Records & Info Management
• Legal Hold/Discovery
• Increased Productivity &
Accessibility
• Cool factor/morale
• Convenience/work-life
• Physical & Cyber Security
• Confidentiality
• Privacy v. monitoring
• Data flows/access
• Mobile Device Management
• NAC
• IT Infrastructure
• Hardware savings
• Bandwidth/Network
• App selection/development

9. Additional Concerns
EEO and Harassment
Records Management and Data Collection
International Challenges
Wage & Hour Risks
Safety Concerns

10. Scariest feature on the internet

11. “Download Your Information”
• IP addresses
• Friend requests
• Wall posts
• Check Ins
• Chat history
• Likes
• Messages (most)
• AND…

12. Last but not least…

13. Pending RI Legislation
• House bill 7124/Senate bill 2095
• Would apply to employers and schools
• Prohibit password requests
• Restrict “forced” connections
• Restrict requests to change settings

14. Verizon
• Devices
• Lizette v. Verizon

15. What’s in your policy?
• Who owns what?
• Protocol when employees leave
• Global wipe
• Sign receipt/acknowledgment

16. Tips/best practices
• Draft (and maintain) social media policy
• Encourage human/offline interaction
• Use existing policies as “teaching moments”
• Less can be more: do you really want to know?
• Use technology yourself; understand it

17. A note on texting…LOL
• “Nothing good happens after 3am…”
• “Nothing good happens via text”
• My client:
“We can conduct NO legitimate
business via text.”

18. A note on texting…LOL
• Growing issue for my clients
• “Stealth” harassment
• Texting while driving
• Texting while off-hours
• Records retention
• Texts likely NOT saved/recoverable

19. Thank you – questions?