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Policies to Limit Liability for Employee's Use of Smartphones

Gain a better understanding of the risks and benefits of employees' cell phone use.

Cell phone use is ubiquitous. Employers want to capitalize on that by equipping employees with cell phones. But the use of cell phones constitutes work time, and has implications in compensation, liability, privacy, and trade secrets. This topic will cover whether to allow employees to use their personal cell phones for work use, whether to provide cell phones to employees, whether to allow employees to use their cell phones while driving, and who what rights the company vs. the employee has in privacy related to cell phone use. Implementing the correct policy can save employers money and cover the employer in the event of accident or other incident.

Runtime: 86 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Company Use of Employee's Personal Cell Phone

  • Pros and Cons of Allowing Cell Phone for Work Purposes
  • Installing Software on Employee's Personal Cell Phones
  • Rights to Cell Phone Data After Employee Separates From Company
  • Compensation for Time Using Cell Phone
  • Compensation for Use of the Cell Phone and Employee-Paid Networks

Company Use of Employer-Provided Cell Phone

  • Pros and Cons of Providing a Cell Phone to Employees
  • Employee's Personal Use of Employer-Provided Cell Phones
  • Employee Installing Apps on Employer's Phone
  • Compensation for Time Using Cell Phone
  • Compensation for Use of Cell Phone on Employee-Paid Networks
  • Who Pays the Tax?
  • Costs of Employer-Provided Cell Phones vs. Using Personal Phones

Use of Cell Phone While Driving on Company Time

  • Who Is Liable for an Accident?
  • Who Is Liable for a Ticket?
  • What Constitutes Work Time When Taking Work Calls While Driving on off Time?
  • Handheld Use Bans; All Use Bans; Texting Use Bans
  • Most Restrictive Use Policies

Expectation of Privacy by Employee

  • Civil Discovery
  • Right to Inspect and Examine
  • Relinquishing the Phone
  • Expectation of Privacy for Third Parties

Hacking and Passwords

Employer's Trade Secret Issues

  • Employer's Contact List, Apps and Secret Data

Restrictions on Use During Work Hours

  • For Personal or Employer Conversations
  • For Photography and Data

Interaction With Progressive Discipline

  • Uniform Application
  • How to Monitor

Conclusion

  • Separating Time and Technology
  • Compensation for Time and Usage
  • Legally Managing Privacy Expectations
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on September 16, 2019.

Call 1-866-352-9540 for further credit information.

  • ASA 1.25
     
  • This program qualifies for 1.25 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     
  • HR Certification Institute 1.5
     
  • This E-Learning program has been approved for 1.5 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.25
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.25 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Robert Boucher, Esq.

Robert Boucher, Esq.

Bohm Law Group, Inc.

  • Attorney with Boucher Law Group, Inc.
  • Practice areas include plaintiff’s side employee discrimination suits; plaintiff’s side employee wage and hour suits; and contract litigation
  • Second chaired Giunta v. Cal. Dept. of Corr. and Rehabilitation, 2016, plaintiff’s verdict on whistle-blower claims, $1.1 million; second chaired Kazminy v. Dignity Health, 2019, plaintiff’s verdict on whistle-blower and national origin discrimination claims, $3.4 million; settled Frederick v. Cal. Dept. of Corr. and Rehabilitation, 2018, transgender discrimination case, $500,000
  • Member, California Bar, 2006 active; Federal Bar Admissions include Eastern District of California, Central District of California, Northern District of California and Southern District of California
  • Capitol City Trial Lawyers Association; member since 2014; California Employment Lawyers Association; member since 2012; Consumer Attorneys of California; member since 2017; SacLEGAL; member since 2008
  • J.D. degree, Golden Gate University School of Law; B.S. degree in Computer Science, San Francisco State University
  • Can be contacted at [email protected] or www.boucher-law.com
Zane Hilton, Esq.

Zane Hilton, Esq.

Bohm Law Group, Inc.

  • Lead appellate counsel, Bohm Law Group, Inc.
  • Taswell v. Regents of University of California, 2018, 23 Cal.App.5th 343, he successfully argued that the University of California’s internal whistle-blower procedures do not have preclusive effect on subsequent civil litigation; Garcia v. Wells Fargo Bank, N.A., 9th Cir. 2018, 2018 WL 3045226, he successfully reversed a grant of summary judgment on a CFRA retaliation and pregnancy discrimination case
  • Was a key member of the ligation team that brought Barrie v. California Department of Transportation to trial; this case garnered a verdict in excess of $3 million, a sum believed to be the largest ever in an employment action in Nevada County; on appeal in the Barrie matter, he reversed a remittitur of $300,000 back to the verdict amount of over $3 million
  • Member, California Bar Admission, 2015; California District Courts, 2016; Ninth Circuit Court of Appeal, 2016; United States Supreme Court, (Pending); Capitol City Trial Lawyers Association, 2016; California Employment Lawyers Association, 2016; Consumer Attorneys of California, 2016
  • J.D. degree, Tulane University Law School; B.A. degree in philosophy, Tulane University
  • Can be contacted at [email protected] or www.Bohmlaw.com
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 406198
Published 2019
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