Can an employer require you to get an unlimited texting plan on a personal phone?

Question

A friend's boss told everyone to get an unlimited texting plan on their personal phones since he would be sending texts to update them on information. Is this right?

Also, he is texting while employees are off the clock (they work hourly). Is this fair? When someone spoke up about this, they are now in jeopardy of losing their job.

We can find no laws to protect employees in this case. Phone numbers were given in case of an emergency and now abused!

Answer 1

No. Get a lawyer.

Answer 2

Hate to disagree with the majority here, but this is legal. We are talking about salaried employees here, for hourly the Dept of Labor may feel differently www.dol.gov.

This typically comes up when the employee is a salaried member of the sales, it, or engineering dept. The employee is told that part of his/her job is to expect off hours calls. That is just another duty for that position. The boss can insist that these calls be taken in a certain manner, especially if just telling the employees to be available has not worked.

Have had cases where the boss insisted that the employees have a computer that had Internet access (programmer who would be called middle of night to fix program), cell phone on at all times (sales & product service manager), a beeper/pager. Yes, it is legal, as long as 24 hour access has been identified as part of the job.

Would it be nice if the boss picked up part of the cost - for sure, but that is not a legal requirement. Just like having tools is a requirement for some jobs, the ability to receive and send text is is a requirement for this job.

Answer 3

The employer should pay the cost of the texting service, since it is being required as a condition of employment. If employees are required to read the messages while off the clock, whether they are required to respond or not, may be a violation of the labor code in your state.

If you have any questions, check with your state labor board. You should be able to do this without giving your name of the name of the company you work for. If the labor board says it is not legal, then before you file a complaint, you should request that your complaint be kept anonymous, since most companies don't like whistleblowers, and the company can find very creative ways to make your life miserable or to terminate your employment.

Answer 4

No such thing as "fair" in this world. The employer can pretty much do whatever they please as long as their actions are legal. Unfortunately for your friend, the employer requiring the texting plan is legal.
Your friend's boss can text all he wants to but he is required by law to pay each "off the clock" employee for the time spent doing business related activities on personal time. Your friend can send a report to accounting with a copy of the texting portion of his bill as proof of time spent texting the boss in order to get paid for that time.
There is good news for your friend...
The texting plan and all related expenses can be deducted from taxes at the end of the year, if your friend does itemized deductions.

Answer 5

I would say NO!

Anytime employees are expected to do the level of work they do while on clock should entitle them to pay as if they are on the clock. Off the clock means you perform no duties required by your job description and you don't get paid.

Requiring you to get texting plans seems ludicrous unless it is needed during the course of normal business on the clock hours. I would contact a labor board and get an authoritative answer on this as it does not seem right!. What's the worse that can happen? You lose your job? That doesn't sound like a nice place to work so it could be doing you a favor.

Answer 6

Don't confront your boss. He could fire you for any reason but to protect yourself you might want to record or have someone with you to witness that he is asking for you to have a cell phone with text as a requirement for employment. There is no such labor law I suppose because it doesn't make any sense unless your boss pays for the charges. If he doesn't then he cannot fire you without a cell phone.

So, to protect oneself one should record or have witness to such conversation. If he fires you for not having a cell phone then you can sue him and he should lose in court. How much money you will receive depends on the jury. I bet the jury will award you big money for punishing this arrogant Boss. If your boss belongs to the Mafia then you better just quit and find another job right away.

Answer 7

Its probably not legal, but also could be construed as the "cost of doing business". Unless you signed a contract with the company that did not mention this (in that case it would be breach of contract)...I'd say decide whether the job is worth it to you.

P.S. On a personal note, it really is a lot cheaper ot get an unlimited plan, unless you just don't text.

Answer 8

The boss can require employees to carry a phone during business hours. They have to pay for the cost. If he is requiring certain features, he has to pay for that too. If it is a personal phone, he has no control. He CAN say, no personal phones at his office, though.

He can text all he wants all hours of the day, but if he is expecting anyone to read it, and act on it, that would be considered "working." He has to pay for that too.

Answer 9

Sadly employment laws are being overtaken by the speed of technologies, and they are not strictly covered.

Turn the tables on the boss and ask him to quote the law that requires employees to make themselves available out of hours and make their personal phones available.

Answer 10

If it's your personal phone he can't do that.
If he wants that option he must provide the phone and pay for the service.
My employer wants me available 24 / 7 so I insisted that if I was on call 24 /7 I must be on the payroll 24 / 7 and that ended that crap.

Answer 11

Someone should tell the boss that they will not get the unlimited texting plan unless it is paid for by the company.