Then there's the Cochran v. Schwan's Home Service case throwing a monkey wrench into BYOD. In the first ruling to be binding in the BYOD space, the California Court of Appeal stated in August: "We hold that when employees must use their personal cellphones for work-related calls, Labor Code section 2802 requires the employer to reimburse them."
The ruling was a hot topic at the roundtable, and Wisegate has this to say about it:
"Several participants commented that this ruling had forced them to suspend or delay any BYOD policy while their legal departments work out what it actually means. The general feeling is that if you allow staff to use their own devices, you will have to pay for any use that was required for business purposes. But what would happen if a member of staff has not been told to use his personal device but does so and then claims it was necessary to do his job properly?"
CIOs might have to reward roguish behavior. In the case of the texting nurses working at a hospital without a BYOD policy, it's even worse. These nurses are clearly putting the hospital at risk by skirting healthcare regulations on patient privacy. Nevertheless, the nurses may still be entitled to reimbursement for those text messages, if they can show that they were necessary to get their jobs done.
"There's a wariness with BYOD," Nelson says.
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