What can an employer do about cell phones being overused by employees?

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What can an employer do about cell phones being overused by employees?

Can we confiscate them while they are clocked in?

Asked on October 15, 2015 under Employment Labor Law, Kansas

Answers:

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

Answered 6 years ago | Contributor

Typically, in an "at will" employment relationship, an employer can set the terms and conditions of employment much as they see fit this includes the use of cell phones. Most states allow employers to bar employees from using or even having a personal cell phone in the workplace, however some stop short of authorizing across-the-board confiscation. In order to stop overuse of cell phones, it would be best to establish a strong policy against this and have employees either consent in writing to having their cell phones taken or agree to leave their phones at home, in their vehicles or even if their lockers during working hours.
To be certain of your rights under specific state law, you should consult directly with an employment law attorney in your area and/or contact your state's department of labor regarding such a policy.
Note Company policy must not violate the terms any an employment contract or union or collective bargaining agreement.


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