Can my employer make me take a company issued cell phone on my lunch break?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my employer make me take a company issued cell phone on my lunch break?

I am in Colorado. State law says ‘The employees must be completely relieved of all duties and permitted to pursue personal activities to qualify as a non-work,uncompensated period of time.’ Meaning it’s my time not company time but my manager insists that I have to take the company cell phone with me on my lunch breaks and to me that falls into the ‘When the nature of the business activity or other circumstances exist that makes an uninterrupted meal period impractical, the employee shall be permitted to consume an on-duty meal while performing duties.’ Can you clarify?

Asked on February 21, 2019 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they can make you take the company cell so you can be contacted: employers can require that employees remain in contact. However, if you are called and have to work at lunch, that turns lunch, or at least that portion of it when you are responding to calls, working, etc. into paid work time, not unpaid lunch time.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption