Mobile training has become a common way to teach and onboard employees, but business leaders in California have another layer to consider—wage and hourly employment laws regarding mobile phone usage. With the right information and tips, you can be well on your way to understanding how to implement mobile training while remaining compliant.
This article provides best practices for mobile training in California by addressing common concerns and proposing a few common solutions.
Mobile Training While Remaining Compliant
Employees regularly use their smartphones to check schedules, request time off, view paychecks, and communicate with management. They already rely on their phones for personal and work reasons, so there's good reason that businesses are turning to mobile training. In fact, 83% of L&D leaders say employees are accessing e-learning on their smartphones—that's more than tablets (67%) or desktops (62%), according to our joint report with CHART.
However, many companies hesitate to fully embrace mobile training because they're concerned about wage and hour compliance. After all, California is known for its strict laws. If a personal cell phone is used for work purposes, Fox Rothschild LLC, a law firm with nearly 120 years of experience, states, "To be in compliance with California Labor Code Section 2802, “the employer must pay some reasonable percentage of the employee’s cell phone bill.”
The fear of potential legal issues often overshadows the benefits of mobile learning, largely because business leaders don't know what they should be doing.
Best Practices for Mobile Device Usage in California Workplaces
To navigate the complex landscape of mobile training in California, we talked with L&D leaders to understand the strategies they're using to balance training needs with legal compliance. Here are the common themes:
1. Shared Devices
One popular approach is to provide shared tablets for employee use. This method allows businesses to maintain control over the devices while still offering the benefits of mobile training. Employees can log in to Opus using their phone numbers, so it's an easy and convenient solution.
The benefits of shared devices include:
- Clear separation between work and personal use
- Easier management of software and security updates
- Reduced concerns about compensating for personal device usage
The downsides of shared devices are:
- Limited availability depending on the number of devices you have
- Higher maintenance costs and frequent replacements due to wear and tear
- Hygiene concerns about using the same device
- Scheduling conflicts with employees wanting to use the device at the same time
2. Personal Device Stipends
Some businesses reimburse employees who use their personal devices for work-related tasks, including training, with a small stipend. Typical stipends range from $5 to $15 per month to cover training time and various work-related activities beyond training.
When implementing a stipend program, make sure to:
- Clearly define what the stipend covers
- Ensure the amount is reasonable for the expected usage
- Regularly review and adjust the stipend as needed
3. Setting up VPNs
A consideration for salaried employees and leaders is using a Virtual Private Network (VPN) when conducting mobile training. A VPN provides security when accessing company resources and is consistent across locations, whether employees are at work or at home.
Some advantages of setting up VPNs for employees are:
- Enhanced security for company data
- Consistent access to resources across locations
- Flexibility for salaried employees to train remotely
The disadvantages include:
- Risk of unpaid overtime for non-exempt employees
- Need for clear policies on work hours and training time
- Potential legal issues if off-hours work isn't properly managed
- Costs associated with VPN setup and maintenance
Common Factors for Successful Cell Phone Policies in California
Despite the challenges, many businesses in California have successfully implemented mobile training programs for their wage and hourly employees. These companies have a few things in common:
- Clear, well-communicated policies
- Proper tracking and compensation for training time
- A focus on short, easy-to-digest training modules
- Regular review and updates of their mobile training practices
Should You Use Geofencing?
Some businesses consider using geofencing technology to manage mobile work usage on location, but this approach comes with several limitations and potential issues:
- Accuracy: Geofencing technology isn't always precise and can lead to errors in tracking employee locations and time.
- Limited effectiveness: Geofencing must be "opt-in" to comply with privacy laws. However, when geofencing is implemented on an opt-in basis, it may not provide sufficient coverage to ensure wage and hour compliance.
- Privacy and trust: In California, privacy rights are strongly protected, and employees have to agree to give employers location permissions. This limits training effectiveness.
- Correlation with work status: Being within a geofenced area doesn't necessarily mean the employee is actively working or training.
Ensuring Wage and Hour Compliance in Mobile Training
The core challenge in implementing mobile training for wage and hourly employees is ensuring they are properly compensated for their training time. Here are key considerations:
Clock-in Policies for Training Time
Develop clear policies that require employees to clock in when they're doing mobile training. This policy should be clearly communicated and easily accessible to all employees.
Record-keeping and Policy Agreements
Keep accurate records of training time and have employees sign a mobile training policy. This can often be integrated into the training platform itself.
Self-Reporting and Automatic Tracking
Implement multiple ways to track training time. This could include both self-reporting by employees and automatic tracking within the training software.
As Diane Kimberlin from labor and employment law firm Littler Mendelson suggests, "Employers should very carefully review their policies and practices regarding reimbursement of business expenses. They should determine how their managers and supervisors communicate with employees and what “expectations” are set, not just by written policies, but in practice. Employers should consider making those expectations concrete by putting them in writing."
💡 Opus' wage and compliance feature ensures that your team understands your policies and that you have a written record of their agreement and compliance. It includes a policy certification, clock-in confirmation, and reporting on training session time.
Remember, the key to success lies in striking a balance between using technology for training and respecting employee rights and privacy. Always consult with legal experts to ensure your mobile training program aligns with the latest California laws. As mobile technology evolves, so too will the strategies for implementing effective and compliant mobile training programs.
Note: While we can discuss general trends and practices, this article does not constitute legal advice. Always consult with a qualified legal professional to ensure compliance with California labor laws. For information on California labor laws, refer to the California Department of Industrial Relations website.
