Must employers compensate or provide employees with cell phones if they are required in the execution of their job duties?

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Must employers compensate or provide employees with cell phones if they are required in the execution of their job duties?

Asked on September 28, 2011 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, an employer is not required to provide cell phones to employees if they need them for work, just as a an employer is not required to provide anything to employees that they might need for their jobs, such as: cars (to get to clients); work clothing; tools; computers; etc. It would make sense for a company to give workers what they need, but the law does not require employers to make the right or sensical choice. Instead, companies can require their workers to provide all this themselves.

You may be able to deduct at least some of the costs associated with the phone and/or its service plan if you get it for work and can document its use for work; this is something you should discuss with a tax preparer.


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