can my employer ban me from having a cell phone on my person?

UPDATED: Sep 30, 2022

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can my employer ban me from having a cell phone on my person?

i am required to drive for my company in the company truck. they have
a ban on any cellphones in the vehicle. i drive in a rural area and i
am afraid that if i get into an accident i will not able to call for
help and may be stranded/injured for a very long time with no way to
get help.

Asked on February 24, 2017 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, your employer can ban you from carrying a cell phone during working hours, regardless of your safety concerns. This is because most employment relationships are "at will", meaning that a company can set the conditions of work much as it sees fit (absent some form of legally actionable discrimination). Accordingly, unless this policy violates the terms of an employment contract or collective bargaining agreement, it is legal. For you part, you can either comply with the policy, ignore it but risk termination, or quit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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