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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1952
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I work company that requires me to use a company cell

Customer Question

I work for a company that requires me to use a company cell phone. My work hours are 9am-5pm, but the company phone rings all day, night and early mornings. This also includes emails etc..
Am I supposed to getc paid for this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 1 year ago.
Hello my name is ***** ***** I want to make sure you receive excellent service today. Are you online with me?
Expert:  Brandon, Esq. replied 1 year ago.
Are you required to answer the phone when it rings? Or are you allowed to return the calls during normal business hours?
Expert:  Brandon, Esq. replied 1 year ago.
First, let me say that I am terribly sorry to hear that you are in this situation. To determine whether or not you have a case, you need to determine exactly what is required of you while having the company cell phone. Simply possessing it does not entitle you to additional money. However, if you are "on call" then you would need to be compensated for the hours in which you would be required to hold onto the phone. So, if you can turn off the ringer of the phone until the next morning, then you would not be able to be compensated. If, however, you need to answer the phone or if you need to be near the workplace, or if you need to return phone calls during non business hours, then you should contact an employment attorney in your area or make a claim directly with the department of labor. The issue all comes down to control. How much control do you have over what you get to do. If you can not go to a concert for fear of having to answer the phone, or you cannot go to the movies, or you have to wake up in the middle of the night to return a call, then you should be compensated for all of the hours you had to hold onto that phone. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you. Have a wonderful rest of your day.
Expert:  Brandon, Esq. replied 1 year ago.
First, let me say that I am terribly sorry to hear that you are in this situation. To determine whether or not you have a case, you need to determine exactly what is required of you while having the company cell phone. Simply possessing it does not entitle you to additional money. However, if you are "on call" then you would need to be compensated for the hours in which you would be required to hold onto the phone. So, if you can turn off the ringer of the phone until the next morning, then you would not be able to be compensated. If, however, you need to answer the phone or if you need to be near the workplace, or if you need to return phone calls during non business hours, then you should contact an employment attorney in your area or make a claim directly with the department of labor. The issue all comes down to control. How much control do you have over what you get to do. If you can not go to a concert for fear of having to answer the phone, or you cannot go to the movies, or you have to wake up in the middle of the night to return a call, then you should be compensated for all of the hours you had to hold onto that phone.
If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.
Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.
Have a wonderful rest of your day.