Traditionally, employers have issued company-owned devices to their employees. This traditional approach has allowed employers to have more control of and access to employees’ devices. Currently, employers are generally free to monitor its employees’ text messages or online activity for business purposes. Under federal law, an employer is legally able to monitor or intercept its employees’ oral, wire, or electronic communications in the ordinary course of business. The law provides employers with an ability to do so under two requirements: 1) the employer must provide the device to its employees to use for company purposes and 2) the device has to be used in the ordinary course of business.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 6, 2017. The original post can be accessed via the Archived Link button above.
Hwang, Jennifer, "B.Y.O.D. – Bring Your Own Device" (2017). AELJ Blog. 151.