If your employer gives you a cell phone and tells you it is a work phone, who is responsible for paying that phone bill?

Asked on August 13, 2015 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends. If the employer told you that you had to pay, then you have to pay: the employer can make employees paying work cell bills a requirement, term, or condition of employment. However, if they provided you the phone and did not tell you that you had to pay, the employer would pay, since you cannot be required to pay until and unless you have notice of the obligation to do so. Of course, since employers can change work requirements, policies, etc. at will, even if they did not initially tell you that you had to pay the bill, they can later make this your responsibility--but it will be your resonsibility only from when you are notified of this responsibility forward, not retroactively.

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