What can we do about employees always being on their cell phones?
Cell phones can take a major toll on productivity at work, but employees’ personal cell phones are private property, so an employer does not have the right to take an employee’s phone away from them — even if it’s just for the day.
An argument can even be made that employees need their phones to communicate on urgent personal matters and respond to unexpected emergencies.
In addition, the National Labor Relations Board has taken the position that employees have the right to communicate via phone regarding working conditions or unsafe conditions.
A policy that bans all cell phone usage at work is overly broad, and it would be unwise to implement such a policy — particularly during rest breaks and meal periods.
Cell Phone Use Guidelines
This doesn’t mean employers can’t have any rules against cell phone use. For example, employers can limit cell phone use:
• When an employee is working with heavy equipment;
• When an employee is driving — unless the vehicle provides hands-free usage;
• During interaction with customers; and
• During meetings and conferences.
Employers also can set certain cell phone use guidelines, such as having phones on vibrate, speaking quietly and quickly, and taking calls privately, if necessary.
Another idea is to have all supervisors follow the above rules. When employees observe their manager is on the phone continuously, they are inclined to think they can do the same.
Enforcing Rules
Lastly, progressive discipline is one option to enforce these rules and guidelines. Typically, the policy starts with an oral warning and then progresses to a written warning, up to potential termination.
All these guidelines should be communicated to employees and written down, preferably in the employee handbook. Employees should review these policies and sign off on them. Employers should be prepared to answer any questions employees may have to clarify the cell phone use policies.
Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred members and above. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.
