Can my company require me to carry a cell phone with GPS on my personal time if I was not hired as an on-call employee?

Currently, I carry a company cell phone during work hours. I drive a truck, and it is necessary for managers to be able to contact me throughout the day. I feel that requiring employees to carry a company cell phone on their personal time is an invasion of privacy, especially since the phones are GPS equipped. This may also be a step toward making employees “on call”, without paying for it.

Asked on July 22, 2012 under Employment Labor Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you agreed to carrying a cell phone with a GPS device on your personal time as opposed to work time before you were hired then your employer can require you to do so. However, if this requirement is after the hire, then you are essentially not required to do so.

If your employer insists on this, there might be an issue where you should receive additional compensation from your employer for this "on call" time. I suggest that you may wish to consult with an attorney who practices in the area of labor law to further discuss how you may want to proceed on the matter you are writing about.


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