b'freetomovearoundandisnotrestrictedtostayingEmployeeswhohavesmartphonesprovidedbythe home,forexample.Smartphoneshaverenderedthiscompany are to use these devices for company business denitionalmostuselessbecauseitisinthenatureofonly. Use of the device for calls, emails or text messages mobile phones to be mobile. Thus, if an employee is onafter work is prohibited unless this has been authorized in call and is required to carry around a smart phone afteradvanceorinthecaseofanemergency.Underthose work,theactofcarryingaroundthedevice,standingconditions,ifyoumakeorreceiveacall,emailortext alone, is not compensable work time, since the employeemessage that is work related, you must record this time isfreetogotothemovieorthegrocerystoreoranditwillcounttowardyourregularweeklyhours. wherever, so long as he or she has the device available.Supervisors are required to oversee this policy and make However,iftheemployeeactuallyusesthedevicetosure it is implemented properly. [Or, if the company would make or receive calls, emails or text messages, and if theprefer,youcanusethislanguage.Employeesmust employee is non-exempt, then he or she is engaging inturn o the smart phone when leaving work at the end of compensable work time and this time should be recordedthe day and turn it on again when arriving at work the and counted toward the employees total weekly hours. next day.] Employees who have personal smart phones fall under this same policy.A Good Policy for Smart Phones and Other Devices Employers should develop and communicate their policyThis policy should be included your employee handbook. ontheuseofsmartphonesandotherdevicesduringIf you have any questions about the use of smart phones non-workhourstoemployees,supervisorsandor other devices after work hours, please call or email us managers,andthepolicyshouldaccommodatetheand well work through the issue with you so that youll employersgoalsandobjectives.Forexample,ifthehavetherightanswer.Andvisitourwebsiteat employer needs to contact employees after work hours,www.seay.us. We appreciate having you as a friend and thenemployeesandsupervisorsshouldbeinstructedclient of our rm and look forward to talking soon.that this is compensable work time and employees are to record this time and it will count toward their total weekly hours.Ontheotherhand,ifemployersdonotwant employees to engage in company business after hours, they should be told either to turn o their phones after a certain time, if the employer provides the device; or, if the employee owns the device, told explicitly not to engage in business related calls, emails or text messages after work.A Walk into the Mists of Uncertainty Byimplementingandmanagingthepoliciesweve discussedsofar,wevecoveredagooddealofthe landscapeassociatedwithsmartphonesandother devices. However, what happens if an employee doesnt abidebythepolicy?Whathappensifanemployee, perhaps one who is being dismissed, says to you, By the way, Ive been making customer calls at home on my smart phone device for the last couple of years, about an hour a night, so you owe me $10,000 for this time. We Find Funds. We Clean Up. In its defense, the employer might say, Weve developedYou Stay Open. andmanagedthepolicythebestwecan,andweve instructedemployeestorecordtheirtime,andotherWere a full-service environmental consulting employees have abided by the policy and recorded theirfirm that has cleaned up more dry cleaning sites time, and there is no evidence that you have used yourthan any other firm in the USA. Were the only device at firm that focuses on finding the money to pay Atthispoint,thisisanevolvingsituationanditisfor investigation, cleanup, and legal defense. We anyonesguesswherethemattermayend.Therestore the value of your property while protecting Department of Labor is looking into the question of smartyou from regulatory and legal issues.phonesatworkatthemomentandmayprovidean opinionaboutdiminimissmartphoneusesometime soon, but I am not optimistic that this will be helpful to employers. 866.888.7911 Stop by our Clean enviroforensics.com Show booth #4664SAMPLE POLICY Midwest Drycleaning & Laundry Institutewww.MWDLI.org / 765-969-5745 9'