Can an employer require an employee to carry and use a personal cell phone as a condition of employment?

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Can an employer require an employee to carry and use a personal cell phone as a condition of employment?

Who pays for the minutes?

Asked on January 17, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) The employer may make it a term or condition--that is, a requirement--of employment that employees carry and use a personal cell phone. The employer could certainly terminate any employee who did not.

2) The employee has to pay the phone company, if it's his/her phone. The employer is allowed to reimburse the employee, but does not have to--the employer can require employees to absorb the cost out of pocket.


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