Although it seems like it, smartphones have not been around for long. In this short time they have changed the way people live their lives and do business. Cells have blurred the lines between personal and work time. Business owners complain about employees wasting time with personal matters and employees complain about being chained to work 24/7.
Cell phones are creating problems owners have never dealt with before. The debate of appropriate use in the workplace is a new one, one with strong opinions on both sides. Companies are struggling with the issue, most have yet to develop and enforce clear policies.
But, the clock has run out on sitting back and doing nothing. It is time to pay attention to your smartphone policies. The courts are ruling on workplace problems created by phone use. They are making new laws, which create new guidelines for your employee handbook.
Here are 3 of the issues the courts are looking at.
Americans with Disabilities Act – Some people are too attached to their phones, and have lost the ability to function in the workplace. Owners are seeing employees’ cell use negatively affect their jobs. Employees are getting professional help to fix the problem and keep their jobs. The courts will eventually define it as a mental health issue.
This is such a new condition that the medical community has yet to agree on what to call it or how to treat it. Lawyers are figuring out how to litigate it. Smart owners will keep an eye on this issue and address it early. They will link their phone/workplace policies with their ADA and Mental Health policies.
Fair Labor Standards Act – Laws are being enacted and amended to reflect today’s always connected workplace. This is a hot topic for federal and state courts. One difficulty they are addressing is employers expecting nonexempt employees to work (emails, phone calls, paperwork, etc) on their devices outside of a 40 hour week without getting paid for it.
How are you defining normal work hours and are they clearly spelled out? Are hours being consistently monitored? What policies, procedures and training have you done to insure compliance? Can you show disciplinary action against managers and employees when policies have been violated?
OSHA/Safety – Providing a safe workplace is an owner’s responsibility. The laws are extensive and well established. Cell phone use is new to safety and the details are being sorted out. But, one thing is clear – owners are liable for employee negligence created by phone use. Therefore, employers have a right and duty to restrict cell use, especially when it is a safety hazard.
Have you evaluated and updated everyone’s (management included) job requirements concerning phone use? When is cell use a hazard and what steps are you taking to contain it? What policies, procedures and training have you done to insure compliance? What disciplinary action have you taken against managers and employees when policies have been violated?
These are only a few of the issues the courts are looking at. Others include: harassment, discrimination, violations of the National Labor Relations Act (social media posting and the “right” to phone use), and theft of confidential information/trade secrets.
Many people believe using their cell phone in the workplace is a right, rather than a privilege. It is going to take future court cases to decide if they are correct. But, do not wait until they decide. It is important to your company’s success to be proactive with workplace risk.
Talk to a lawyer who has up-to-date knowledge and develop cell phone/workplace policies now. Then be sure to enforce them. You do not want to become a test case to make new law, leave that to other – bankrupted – companies.
