205Electronic_Device_Use_and_Work_Policy_11062024

Policy 205San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentElectronic Device Use and Work Policy - 1Electronic Device Use and Work Policy 205.1 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. 205.2 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. 205.3 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. 205.3.1 EXCLUSIONS De minimis time spent by non-exempt employees on work-related activities, outside of scheduled work hours, will not be compensated. 205.4 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 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Electronic Device Use and Work Policy Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentElectronic Device Use and Work Policy - 2or 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 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.