Legal Question in Employment Law in California

Employee Personal Cell Phone Usage

Can we charge employees .50/minute for personal cell phone usage on a company provided cell phone? The employer is not being charged for the minutes used because it is included in our mobile to mobile plan. The employee would be provided a bill and it would not be deducted from their paycheck. Would this be considered that the employer is imposing a fine or penalty?


Asked on 7/08/08, 12:48 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Employee Personal Cell Phone Usage

If the employer is not being charged for the call, what is the purpose of the charge if it is not intended to be some form of a fine?

If the point is that you don't want employees using company phones for personal calls, put that policy in writing and have the employees sign acknowledgment of the policy. If they violate the policy, follow a progressive discipline process. You are running into trouble when you start charging employees for non-existent expenses.

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Answered on 7/10/08, 4:58 pm


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