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HomeMy WebLinkAboutElectronic Device Use and Work Policy City of San Luis Obispo Electronic Device Use and Work Policy Electronic Device Use and Work Policy Revised March 28, 2019 Page 2 of 4 PURPOSE The purpose of this Policy is to clarify what is considered work and, therefore, eligible for compensation, given the evolving use of electronic devices and availability of information that may blur what historically have been clear lines around work and non-work activities. Employees of the City of San Luis Obispo may perform job duties using a variety of electronic devices depending on the duties and responsibilities of their positions. These electronic devices may connect to City platforms and/or networks in either a hardwired or a wireless manner and are primarily aimed at improving communication and/or work efficiency and effectiveness. Examples of electronic devices include, but are not limited to, cellphone, smart phones, tablets, computers, mobile data devices. Work-related information may be locally stored or cloud-based. Definitions Non-exempt employees are not exempt from the Fair Labor Standards Act (FLSA) and are, therefore, eligible for overtime compensation under the FLSA and pertinent Memoranda of Agreement (MOA) when hours worked exceed maximums in a work period. De minimis time is an insubstantial or insignificant period, which cannot practically be precisely recorded for payroll purposes and may, therefore, be disregarded for the purposes of compensation. Incidental actions accounting for less than five minutes typically are considered de minimis, unless otherwise defined in a document binding on the City such as an MOA. Electronic device is any device capable of making or transmitting still or moving photographs, video recordings, or images of any kind; any device capable of creating, transmitting, or receiving text or data; and any device capable of receiving, transmitting, or recording sound. POLICY Except as noted under Exclusions, all time spent by non-exempt employees using electronic devices for authorized work purposes must be recorded and will be compensated. To avoid incurring unnecessary expenses, electronic communications and access of information should not be used outside regularly scheduled work hours, unless directed or expressly authorized by the employee’s manager. Exclusions De minimis time spent by non-exempt employees on work-related activities, outside of scheduled work hours, will not be compensated. Examples The following are examples of de minimis work time or non-work activities involving the use of electronic devices that likely would not be compensated. Note: These examples are just that, examples to help guide the implementation of this Policy. Should you have questions regarding your situation, please contact your supervisor or the Human Resources Department. • A Water Distribution Operator is issued a City cell phone given her work activities take her to a wide variety of locations during her work shift. The cell phone includes City email and calendar access. As the Operator is preparing for her normal work day, she accesses her work calendar on her work phone to verify the location of a morning meeting. This activity falls under the de minimis exception as it likely took less than a minute to open her calendar and verify the meeting location. Electronic Device Use and Work Policy Revised March 28, 2019 Page 3 of 4 • City email and calendar accounts can be accessed through the internet on any device, not only City provided devices. An Accounting Assistant is not issued a City cell phone and uses her own personal cell phone outside of work hours to text her supervisor a reminder that she will be late to work due to a personal appointment. While considerate, reminding your supervisor of an approved absence is not “work”. This activity also falls under the de minimis exception as it likely took less than a minute to text the supervisor. The fact that the Accounting Assistant used her personal phone has nothing to do with the analysis. • A Planner uses the employee benefit aspect of the City’s Office 365 account to create, read or edit non-City work using available Office Suite software on an employee-owned device. This activity is not work, is not compensable, and could be in violation of City policies that state the primary use of City computers and software is for City use. • After regularly scheduled work hours, a Building Inspector accesses a City electronic timekeeping system to input his hours worked as timecards were due that day. Given the employee’s work schedule, shifts, holidays, and leave usage during the pay period, it takes the employee approximately ten minutes to complete his timecard. This work activity (accurately recording time worked) should have been performed during the normal work day. However, given the time it took for the employee to accurately record his hours (more than five minutes), the time must be recorded and is compensable. • A public safety employee who works shifts is told she is responsible for logging in to the City’s scheduling system via phone or other electronic medium to check her overtime eligibility. This work activity falls under the de minimis exception as it takes approximately three minutes to complete. The following examples involving the use of electronic devices could be considered work time that likely would result in additional compensation. Note: These examples are just that, examples to help guide the implementation of this Policy. Should you have questions regarding your situation, please contact the Human Resources Department. • A Network Administrator is called by Dispatch on her normally scheduled off day (flex or weekend) and told there is an urgent issue with the Mobile Data Computers (MDC) in Police. The Network Administrator quickly logs in to the network, diagnoses the problem, and resets the network. Resetting the network takes approximately ten minutes so she fixes herself lunch while she waits. After the reset, the Network Administrator calls a Police Officer to test the MDCs. This work activity should be compensated from the time the Network Administrator answers the phone through the time she completes the test of the reset network, or as otherwise provided in the applicable MOA. Even though the Network Administrator fixed herself lunch while waiting for the reset, this time is considered work (resetting and ensuring it resolves the problem), took longer than five minutes, and is compensable. • The Deputy City Clerk leave works at his regularly scheduled time of 5:00 p.m. on the first Tuesday of the month, with a regularly scheduled Council meeting beginning at 6:00 p.m. The Deputy City Clerk receives a call from the City Clerk asking him to walk her through the operation of computerized equipment necessary to conduct and record the meeting as the assigned personnel has fallen sick and the Deputy City Clerk is the only one fully trained to operate the equipment. The Deputy City Clerk carefully explains the equipment operation, waiting while the City Clerk turns on equipment, logs in, and tests each function. This work activity should be compensated for the duration of the call as the supervisor Electronic Device Use and Work Policy Revised March 28, 2019 Page 4 of 4 (City Clerk) is clearly authorizing the work by making the call and the duration of the call is approximately 30 minutes. • A Police Officer who is scheduled off duty is called by their Police Sergeant to review an provide input on a police report that is time sensitive. Although it expected to only review police reports on duty, the Police Officer was not scheduled to return to work for another two weeks. As a result, the Police Sergeant authorized the employee to review the report off duty which took 45 minutes. This work activity should be compensated for the duration of the time the Officer spent reviewing and providing input on the police report. • An Urban Forester is scheduled off work and gets a call from a Parks Maintenance Specialist that is called back to work during a storm. There is a tree down and the Parks Maintenance Specialist needs to receive guidance from the Urban Forester on the proper steps to take. This phone call takes 30 minutes. This work activity for the Urban Forester should be compensated for the duration of time spent on the phone with the Parks employee. Prohibited Use of Electronic Communications Devices Non-exempt employees are not authorized to check for, read, send or respond to work-related e- mails outside their normal work schedules, unless expressly authorized as part of their job duties or description or directed by management to do so. Employees who do so may be subject to corrective action or disciplinary action for repeated conduct inconsistent with this Policy. Supervisors should not require or permit non-exempt employees to use electronic devices for work-related activities, other than those considered de minimis as described in this Policy or other relevant City policies. Supervisors are responsible for training and managing employees accordingly, including providing performance direction and/or taking corrective and/or disciplinary measures if employees repeatedly utilize electronic devices for work related activities in a manner inconsistent with this Policy. Whether or not compensable work activities have been authorized, an employee engaging in such activities is responsible for recording compensable work time. Any supervisor who is or becomes aware of an employee having performed unauthorized, but compensable, work shall be responsible for ensuring that such work is properly recorded and paid, and that appropriate corrective and/or disciplinary measures are taken to prevent repeated occurrences of unauthorized work. If you have questions relating to this Policy, please contact Human Resources.