EMPLOYERS MUST REIMBURSE EMPLOYEES FOR MANDATORY USE OF A PERSONAL CELL PHONE FOR WORK-RELATED CALLS

PhoneCall

In Cochran v. Schwan’s Home Serv., Inc., Plaintiff filed a class action on behalf of 1,500 customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones.

The court found that if an employee is required to make work related calls on a personal cell phone, then he or she is incurring an expense under section 2802 of the California Labor Code. It does not matter whether the employee’s personal cell phone bill is paid by a third party (i.e., a family member or friensd), whether the employee changed plans to accommodate work-related cell phone usage, or whether the employee has an unlimited plan and thus incurred no additional expense for the work-related calls. Also, the details of the employee’s cell phone plan do not factor in into the liability analysis.

The court said that to hold otherwise would result in a windfall to the employer, because it would be passing its operating expenses on to its employees.

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Contact the Law Offices of Payab & Associates @ (818) 918-5522 or visit http://payablaw.com/ if you have any questions regarding your rights at the workplace

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