Can my employer require me to use my personal cell phone for work?

I’m in NY and my employer has asked me to make work-related calls during non-work hours. I do not have a company phone, but will be compensated for my time.

Asked on April 12, 2017 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Does this policy violate the terms of an employment contract or union agreement? If not, then as an "at will" worker you company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly, you can be made to use your cell phone for business calls. Further, while you need to be paid for the time you spend making these calls (which apparently your are), you do not need to be reimbursed for your cell phone bill.


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