Employer Liability for Mobile Devices and Continuous Connectivity

Avoiding Legal Pitfalls: Wage and Hour, Harassment and Personal Injury Claims

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, September 15, 2009

Course Materials

This seminar will examine the wage and hour, harassment, safety and privacy liability issues that are emerging for employers due to employees' constant connectivity to the workplace through mobile devices and will outline best practices for minimizing the employer's liability.


As technology advances, employees have continual access to a virtual workplace. Employees and employers rely on employer-supplied laptops, Blackberries®, PDAs, smart phones, cell phones and remote access to keep them connected to their work outside the office, on nights, and on weekends.

Employers face new liability risks on wage and hour issues, confidentiality breaches, inappropriate use of equipment, and safety concerns. Is a connected employee ever "off the clock"? When are employers liable for accidents caused by workers distracted when using work cell phones and PDAs?

The benefits—and risks—of the new ability for constant work connectivity demands that employers and their counsel re-examine all policies and procedures regarding employees' use of these technologies.

Listen as our authoritative panel of employment attorneys discusses the legal risks and liabilities for employers who require, encourage or even just allow employees to use mobile devices to stay connected to work. The panel will outline best practices for counsel to minimize employer liability.



  1. Wage and hour/FLSA
    1. Exposure for overtime and record-keeping liabilities
    2. Compensable time for non-exempt employees’ use of mobile devices
    3. Deducting pay for loss of employer-issued tool may jeopardize employee’s status
    4. Lessons learned and best practices
  2. Harassment/inappropriate use
    1. Legal risks
    2. Establishing and implementing policies
    3. Training
    4. Monitoring
    5. Lessons learned
  3. Safety
    1. Legal risks
    2. Establishing and implementing policies
    3. Monitoring
    4. Court treatment and lessons learned
  4. Privacy/security concerns—monitoring employee use of technology
    1. How to protect confidential communications and information
    2. Legal restrictions on employer monitoring—the Electronic Communication Privacy Act
    3. Best practices—an effective technology program
    4. Company response—if sensitive information is lost or stolen


The panel will review these and other key questions:

  • What are the legal risks for employers who encourage—or just allow—employees to have constant access to the workplace?
  • What are the key attributes of an effective policy to govern employees' use of mobile technology?
  • What steps can companies and counsel take to minimize liability for employees' use of laptops, cell phones, PDAs, and remote access?


Alexander J. Passantino
Alexander J. Passantino

Jackson Lewis

He joined the firm in 2009 following his service as Acting Administrator of the U.S. Department of Labor’s Wage...  |  Read More

Daniel J. McCoy
Daniel J. McCoy

Fenwick & West

His practice emphasizes employment litigation and counseling for employers. He defends employers in wage and hour class...  |  Read More

Lisa (Lee) A. Schreter
Lisa (Lee) A. Schreter

Chairman of the Board
Littler Mendelson

Ms. Schreter is Co-Chair of the firm’s Wage and Hour Practice Group. She focuses on representing employers in...  |  Read More

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