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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20176
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Can my employer require me to use my personal cellphone

Customer Question

Can my employer require me to use my personal cellphone for company work, to include responding to group text messages in the middle of the night without expectation of reasonable remuneration?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for your question. An employer can require that an employee use their own personal cell phone for Company business without having to pay them any extra. As far as responding to messages, or doing any other work, when the employee is normally off of work, that depends on the employee's status. If they are an exempt employee, then yes, the employer can essentially require them to work 24/7 without extra pay, unless the employee is on vacation or FMLA. If they are a non-exempt hourly employee, they must be paid for every hour they work.

Please feel free to ask for clarification if needed. If none is needed, please take a moment to leave a rating in the box above so that I will receive credit for assisting you today. Thank you.

Customer: replied 1 year ago.
Are you sure? There was just a case won in CA earlier this year mandating employers must pay for cellphone use if employee's are required to use it for work without regards ***** ***** minutes or data or third party payers.
Expert:  Marsha411JD replied 1 year ago.

Yes, I am sure. You are not in California where the laws are much more favorable to employees than they are in almost every other State including NC. Just like with a vehicle, if an employee incurs extra expenses due to business/employment use that is not reimbursed by the employer, they can deduct those expenses from their taxes. However, neither Federal nor NC law mandates an employer provide the phone or reimburse.