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Personal Cellphone Requirement California

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  • Personal Cellphone Requirement California

    My employer has required that supervisors use personal cellphones for business purposes. We are not compensated. Is there any protection I have in regards to this? In addition, my phone was stolen at work. Is there any responsibility my employer has? I do have a police report.

  • #2
    http://www.olawcorp.com/employment-l...bor-code-2802/

    California is one of the few states that does require expense reimbursement. However, they only have to cover business expenses. So, they would have to reimburse you for any charges related to business calls. They don't have to cover your entire phone bill because you take business calls on it. So, since most carriers now offer unlimited minutes, it's unlikely they have to pay much, if anything.

    Your employer has no liability for your stolen property.

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    • #3
      Prior to employment, I had a basic phone with no data package. I was told I needed a smart phone with text messaging and photo capability. For the first few months, we did not have cameras to document incidences. We were required to use cellphones. Upper management is reimbursed $40 a month, whereas Supervisors who are also required to use our cellphones for work are not reimbursed. Wouldn't my employer be required to provide the same reimbursement to all required to use their personal devices for work purposes? Thank You

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      • #4
        You could make a fairly good case that under CLC 2802 that your employer owes you for any extra charges you incur for work related reasons. Of course the employer's lawyer can always used the Liar, Liar, Pants on Fire defense. You making the claim does not inherently prove the claim. CA-DLSE at some point could decide that everyone has a cell phone and just stop hearing these sort of claims. You can always call them and ask.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          What would you suggest? I do have emails from my employer stating we are required to use our cellphones. I have receipts to prove that I changed my cellphone plan at time of employment.

          Thank you

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