Consider this....

  

Be clear on what your expectations are related to use of this device and your expectations of reaching your employee when not on work time.  If you have a rule that non exempt employees are not to work at home, this includes no use of these phones, no need to respond to any work inquiries.  Supervisors need to adhere to this and enforce such a policy.

  

As with all policies, be clear as to what you mean when referring to work time.  Spell it out, details are so important when writing policy to reduce likelihood of misinterpretation and challenges later.   Be clear all staff, especially supervisors fully understand the policy and adhere to it!

  

As with all employer rules, failure to follow them will result in disciplinary action. 

  

Some employees do in fact work from home.  This needs to be spelled out as well so that there are clear expectations and clearly defined work time. 

  

In any case, if there is no rule and the employees are using these devices for work off the clock, employers are required to pay for such time.

  

The recommendation is to avoid providing non exempt staff this type of device unless it is possible to track the time on the phone closely.  Also, it is always good practice to train employees on expectations and ability to address any ambiguities related to the policy in person.