Can an employer hold your cell phone?
An employer can prohibit you from using a cell phone on company time, but can’t temporarily or permanently seize/confiscate an employee’s personal property.
When does an employer have to pay for a cell phone?
The court stated that section 2802 requires that the employer should pay some “reasonable percentage” of the employees’ cell phone plans when the cell phone is required for work. Cochran at 1144. This ambiguity is a blessing and a curse for employers.
How can I Stop my employees from using their cell phones?
If your employees are excessively using their cell phones on your time then you need to set specific rules as to when and where they are allowed to use their phones. Perhaps you need to set a “lunch time only” policy or a policy where they can only use their phones for a set amount of time.
When to use your cell phone at work?
On the other hand, a cell phone policy at work should not be so restrictive as to ban ALL uses of a personal cell phone. Employees may need to check in on their children or may need to call regarding an important personal matter during business hours, with a lawyer or a doctor.
Can a employer determine liability for a cell phone plan?
The court held that the details about each employee’s cell phone plan do not determine liability. Not only does our interpretation prevent employers from passing on operating expenses, it also prevents them from digging into the private lives of their employees to unearth how they handle their finances vis-a-vis family, friends and creditors.
When do employees must use their personal cell phones for work-related calls?
When employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. Longer Answer with Practice Recommendations: An Employer Must Reimburse An Employee For The Employee’s Use Of A Personal Cell Phone For Work Related Duties.
Can an employer confiscate their employees’cell phones in?
An employer can require an employee to pay for charges related to using a company phone for personal use. An employer must tell an employee in writing that she plans to do so before she begins deducting the relevant charges. Any policy that an employer in Texas uses to regulate cell phone use should reference not using a cell phone while driving.
Do you have to reimburse employers for cell phone calls?
Yes. When employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. Longer Answer with Practice Recommendations:
Can a employer search an employee’s cell phone?
State law allows employers to search phones and other electronic devices and copy information that they find there, such as photographs of new products being developed. An employer is also legally allowed to terminate an employee who refuses to turn over a cell phone at an employer’s request.