International Door & Operator Industry

SEP-OCT 2017

Garage door industry magazine for garage door dealers, garage door manufacturers, garage door distributors, garage door installers, loading docks, garage door operators and openers, gates, and tools for the door industry.

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Brian J. Schoolman is an attorney with Safran Law Offices in Raleigh, NC. Safran Law Offices has focused on the Construction Industry for more than thirty years, and is proud to have worked with and supported IDA from its inception more than two decades ago. For more information, please contact Brian at bschoolman@ safranlaw.com, or visit us at www.safranlaw.com. Privacy considerations relating to GPS tracking when on-duty are coming under greater scrutiny. At least four states have laws in place that restrict an employer's ability to monitor employee activity without first obtaining written consent. Even if written consent is not legally required, it is a good practice to either obtain such consent, or at a minimum to give notice via employee manual or other policy statement that employees will be tracked. The information gathered from tracking should also be limited to those employees having a need to know the data, such as the fleet manager or the safety manager. BYOD The idea of allowing employees to utilize their own private devices has expanded dramatically over the years. While most employers still purchase and manage their own computers and networks, often companies will permit or even require their employees to use their own cellphones and tablets. There is no doubt that the upfront cost to employers is lower when employees use their own devices, and furnish their own cellular and data service plans. The question is whether those savings are worth the risks. The dangers to allowing employees to use their own devices come from putting both the equipment and the content outside of your control. It is harder to manage security with personal devices. This means not only is your company's data potentially exposed if a device is lost or compromised, but also that any sort of access security you could otherwise impose may be outside of your control. For instance, because the employer is not the owner of a phone, the employer also does not have the right to wipe a phone if it gets lost, or put it on lockdown. Employers cannot easily restrict the applications that employees use, including when on duty. And employers have much greater difficulty in preserving and retrieving data on an employee's device when the employee is terminated. On the employment side, letting your employees use their own devices for work purposes could also lead to wage-and- hour claims. Time spent using devices for work outside of normal working hours still counts under wage-and-hour laws. If employees are not compensated for such time, it could lead to claims for unpaid wages or overtime. This risk can apply even to exempt employees, if they use their devices during a week in which the employee is off work. Technology is here, and your employees are using it. Similarly, your business needs mandate that you let them use it, while at the same time you need to use other technologies to manage your workers. Figure out what you are permitted to do in your jurisdiction, and prepare policies so that everyone in the company knows what is expected. A bit of preparation can avoid a megabyte of problems. LEGAL&LEGISLATION Continued from page 14 1 KSMX WPS-1 D-2-3 Buy the best commercial and residential controls direct from the manufacturer VEE INDUSTRIES, INC. Custom Controls Available CALL 800-327-3332 Since 1969 our goal has been excellent customer service with personal attention to your order 2 BXL 3 BXL 7G4 PBS 3 MANUFACTURED IN BOYNTON BEACH, FL Email: sales@veeindustries.com www.veeindustries.com

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