When employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. OP. 2. Using cell phones or other devices to send text messages may or may not not be acceptable. What to be considered when creating cell phone policy. Once you're satisfied with your proposed language, require your employees to sign the new policy -- and review it annually. Designated employees who are required to perform these functions as part of their job duties will either be issued … This security measure makes sense for business, but it means that all of your data, even personal data, may be passing through the company’s network. Excessive use of a cell phone for personal reasons while at work is not allowed. A cell phone use is prohibited during meetings etc according to company mobile phone policy. Even if an employee uses their personal cell phone entirely for business, but pays only $73 a month, you’re still not allowed to reimburse them $75. The policy should cover how much you will be reimbursed for use of your personal device, what mwthod will be used to reimburse, and issues similar to what you have asked regarding bugs and breaches. I'm actually the same as you. If they restrict you from social media apps or GPS and you use these functions often, bringing your own device might not be a good idea for you. Verizon’s Business Unlimited cell phone plans are scalable from four employees up to and over forty. Thai Pepper. Any personal use of the cell phone is considered a de minimis fringe benefit, also excluded from the wages. If an employee in California uses a personal cell phone for business-related use (i.e., “in direct consequence of the discharge of his or her duties or his or her obedience to the directions of the employer,”), a California employer must reimburse the employee, even if the employer prohibits the employee from using his or her personal cell phone for business use. Regardless, you’ll need to choose one to avoid the many negatives of using a personal phone for work. Use of cell phone for harassing others may invite strong disciplinary action which may even lead to termination. A policy regarding personal cell phone use. 7. Business owners will need to make certain decisions regarding employee cell phone use before drafting the policy around it. However, after IRS Notice 2011-72, a company-provided cell phone for business purposes is treated as a working condition fringe benefit. From checking emails and sending text messages to hosting video conferences, many professionals rely on cell phones as their mobile office. Scope: The cell phone usage policy applies to all employees, managers and supervisors. You'll likely pay a significantly lower rate per phone if you establish a business account for multiple lines with a single provider. Yes. Some might not care how you use your phone. Objectives Bunbury Harvey Regional Council (BHRC) recognises that in some circumstances employees may need to make or receive personal telephone calls. Longer Answer with Practice Recommendations: An Employer Must Reimburse An Employee For The Employee’s Use Of A Personal Cell Phone For Work Related Duties. Review your state’s laws and local ordinances to make sure that the policy you draft is in line with regulations in your area. THIS POLICY OUTLINES THE USE OF PERSONAL CELL PHONES AT WORK, THE PERSONAL USE OF BUSINESS CELL PHONES AND THE SAFE USE OF CELL PHONES BY EMPLOYEES WHILE DRIVING. They may be a great asset if used correctly (for productivity apps, calendars, business calls etc.) These guidelines explain how employees can use cell phones while on duty. Personal numbers aren’t meant for business; they’re inconvenient, inefficient, and even dangerous. If you're a business owner running a successful company, chances are you have multiple employees using their mobile devices for work. A clear, consistently enforced cell phone policy can help improve productivity and morale, while still enabling employees to use their phones for personal use at the most appropriate times. If you use your personal cell-phone for official business, the content of your phone may be subject to release under FOIA. Employers exclude the value of the device from the employee's wages. Cell Phone Policy Choices. Also, addressing employees looking at customer account information with no legitimate need. There is a worrying practice taking place in healthcare centers - the use of personal mobile phones for communicating with care teams and sending patient data. Even after a company has a policy in place, it could change the policy at any time. Moving on to the employee-provided cell phone context, if an employer has a substantial business purpose in requiring its employee to use a personal cell phone for work-related purposes, the employer may likewise reimburse the employee’s cell phone expenses as a non-taxable working condition fringe benefit. When establishing company cell phone policy, you need to be sensitive towards the employee usage of company cell phones and their personal cell phone. use of personal mobile phones. Our employee cell phone policy outlines our guidelines for using cell phones at work. Personal cell phone use, even when permitted, must never include language that is obscene, discriminatory, offensive, prejudicial or defamatory in any way. Get additional input on your policy from corporate lawyers and information technology personnel. Like with most bulk purchases, the more lines you need, the less you can expect to pay per line. Use of mobile phone must be done in such a way that it does not interfere with the normal working of the business. Reimburse them at a lower tier and avoid this problem. Some states have passed laws prohibiting the use of handheld devices while operating a motor vehicle, while allowing the use of hands-free devices. Won’t My Business and Personal Contacts and Information Get Mixed Together Company-issued cell phones can have any limitations the employer cares to impose. It’s important to find out what your company’s usage policy is for BYOD. purchased for personal use at the College’s expense and may not be replaced or refunded if bought from personal funds and downloaded to a College handset. While business owners can get business cell phone plans with limited data, we recommend choosing an unlimited plan if you have multiple employees (or do a lot of work via cell phone). This section may explain when or if employees can use personal cell phones or devices during work hours. Your employer is not necessarily in violation by requiring use of your phone for the bussiness, but the other elements should be covered in a written document. That’s $2 in excess, which constitutes income, which means they either have to return that money to the business or report their entire reimbursement as income. Ortrigger May 24, 2017 at 14:18 UTC. 4. Many companies tolerate a certain amount of personal use of the company-owned phone. This policy also applies to the use of mobile phones while in a BHRC owned motor vehicle on private and public roads as covered by the Road Traffic Act. The Arizona Court of Appeals, the California Supreme Court, and the Washington State Supreme Court have all held that a public employee’s private cell-phone records can be considered public records if the employee used the cell-phone for a public purpose. HIS POLICY OUTLINES THE USE OF PERSONAL CELL PHONES AT WORK, THE PERSONAL USE OF BUSINESS CELL PHONES AND THE SAFE USE OF CELL PHONES BY EMPLOYEES WHILE DRIVING. Personal calls during the work hours, regardless of the phone used… A good cell phone usage policy should address current state laws about cell phone use while driving. TELEPHONES AND PERSONAL CELL PHONES While at work employees must exercise the same discretion in using personal cell phones as for the use of company phones. Cell Phones and Other Electronic Devices. Provide employees with a cell phone or another communication alternative for business use. TELEPHONE AND CELL PHONE POLICY T ELEPHONES AND P ERSON AL C ELL P HO N ES While at work employees must exercise the same discretion in using personal cell phones as for the use of Company phones. Given the practical challenges of (1) and (2) above, and the fact that many employees have cell phones that they prefer and the even greater complexity of applying this rubric to home internet use, many employers are looking for a simpler approach. You can carry two separate mobile phones, try your mobile carrier’s “business” options, or use a virtual phone system to combat this. If reimbursing employees for business use of their personal cell phones, you're covering the cost of multiple individual rate plans. Where employers provide cell phones to their employees or where employers reimburse employees for business use of their personal cell phones, tax-free treatment is available without burdensome recordkeeping requirements. Only) _____ (“the Company”) recognizes that certain designated employees may occasionally be required to make business telephone calls and send and receive business e-mail and text messages. Personal … A clearly outlined Company Cell Phone Policy will not only set expectations for incoming employees, but also address important issues concerning the safety, security, and privacy of cell phone usage. You need to have some idea or guidelines for writing down the company cell phone policy. Reiteration if you only communicate company policy once, not giving it time, energy and resources, you are communicating that the policy is not that important to you. No law requires employers to allow employees to make or receive personal phone calls during working hours. Employer may regulate use or possession of such devices in the workplace; reasonable limitations are common. Make sure the proposed language fits your workplace, since it's normal in some fields -- like sales and public relations, for example -- to conduct business by cellphone. Apparently, in this case, the employer had a clear policy requiring the service representatives to use their personal cell phones, so there was no need for the court to … Ask certain questions, to begin with. For the purposes of this company policy, cell phones are understood to include any device that receives or makes phone calls, sends text messages, leaves phone messages, surfs the internet or downloads and allows for the reading and responding of emails, whether the device is … Looking for 2 policies - 1. With over 50% of the world's population owning and using a mobile device, cell phone use has become second nature to most. 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