Cell Phones

News & Analysis as of

Employers Must Pay for Employees’ Work-Related Personal Cell Phone Use

On August 12, 2014, the California Court of Appeal held that, when employees must use their personal cell phones for work-related calls, their employer is required to reimburse a reasonable percentage of their cell phone...more

California Employers Must Reimburse Employees for Mandatory Work-Related Cell Phone Use

In a ruling that may spawn a wave of California employment-related class action litigation, a California Court of Appeal has ruled that employers must always reimburse employees for “some reasonable percentage” of their cell...more

On whose dime? Court rules California employers must pay employee cell phone expenses

In a world where mobile devices outnumber both personal computers and humans, it’s not surprising that we use our mobile devices for both business and pleasure. In a published opinion sure to wreak havoc with workplace bring...more

California Employers Required to Pay Employees’ Work-Related Cell Phone Expenses

A California Court of Appeals held recently in Cochran v. Schwan’s Home Service, Inc. that employers must reimburse employees for cell phone expenses when the employees are required to use their personal cell phones for...more

Employer Required to Reimburse Employees for Personal Cell Phone Use Despite Unlimited Minutes Plans

Cell phones are ubiquitous. At some companies, employees use their personal phones to make business calls. Does an employer need to “pay” for that use of the phone, even if the employee did not incur any extra expenses for...more

The California Court of Appeal Finds That an Employee Expense is an Employee Expense is an Employee Expense

On Tuesday, August 12, 2014, the California Court of Appeal (Second Appellate District) published a decision that could impact many employers in California. The threshold question at issue in the case was whether an employer...more

Court protects privacy in ruling on warrantless searches of cellphones

Every now and then The Nine agree on something. Among the unanimous rulings the U.S. Supreme Court issued in the final stretch this year was Riley v. California, which held that law enforcement officials may not make a...more

Hold the cellphone! Who pays if it’s work?

In an August 19, 2014, Daily Journal article, Hold the cellphone! Who pays if it’s work?, Michael Newman writes about a recent California appellate opinion providing employers insight into how they should reimburse employees...more

Cochran v. Schwan’s Home Service, Inc.; Court Tells Employers to Pay Part of Employees’ Cell Phone Bills - Action required:...

Labor Code section 2802 requires an employer to reimburse an employee who uses a personal cell phone for work-related calls, according to the California Court of Appeal, Second Appellate District....more

Labor Code Requires Reimbursement of Employees’ Work-Related Use of Personal Cell Phone

Recently, in Cochran v. Schwan’s Home Service, Inc., (August 12, 2014, B247160) --- Cal.Rptr.3d ----, Cal.App. 2 Dist.), the California Court of Appeal for the Second Appellate District held that an employee is incurring an...more

Can You Hear Me Now: Employers in California Must Reimburse Employees for Mandatory Work-Related Calls on Personal Cell Phones

A California Appeal Court has held that employees are only required to show that they were required to use their personal cell phone for work-related calls to be entitled to reimbursement under California Labor Code § 2802....more

Employers May Be Obligated to Reimburse Employees for Their Use of Personal Cell Phones While Carrying Out Job Duties

This week the California Court of Appeal in Cochran v. Schwan’s Home Service, Inc. ruled that an employer must always reimburse an employee for the reasonable expense of the mandatory use of a personal cell phone. Most...more

Calif. Law Does Not Bar Recording of Cell Phone Calls by Participants, Federal Court Rules

A California federal court recently ruled that the state’s call recording statute does not apply to cell phone call participants. This decision should help companies that record consumer calls for monitoring purposes defeat...more

Must Employers Reimburse Employees For Work Calls On Private Cell Phones?

In Cochran v. Schwan’s Home Service, Inc., the California Court of Appeal for the Second Appellate District dealt with the question of whether employers are required to reimburse employees for work-related calls made on their...more

Capital One Gets an Unwanted Wake Up Call

In what could become the largest ever settlement in a case brought in the 22 year history of the Telephone Consumer Protection Act (“TCPA”), Capital One and three collection agencies agreed to pay over $75 million into a...more

FTC Combats ‘Cramming’ in Mobile Apps and Services

In a recently released staff report, the Federal Trade Commission makes several recommendations designed to reduce “mobile cramming.” Cramming occurs when consumers access or enroll in third-party services through a mobile...more

What’s in Your Wallet? Who Cares—What’s in Your Cell Phone Is More Important!

The United States Supreme Court has tackled the issue of cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of David Riley, a...more

Courts Defer to Individual Privacy Interests by Requiring Warrant To Obtain Cell Phone Data and Cell Site Records in Riley and...

Two recent opinions have significantly restricted the practice of warrantless collection of data stored on cell phones or by cell phone service providers. In Riley v. California the U.S. Supreme Court confirmed that a warrant...more

U.S. Supreme Court: Warrant Generally Required to Search Information on a Cell Phone, Even Incident to Arrest

The United States Supreme Court has ruled that police officers must generally secure a warrant before searching through the contents of a cell phone of a person they arrest. This decision will have important implications for...more

Riley v. California Advances Individual Privacy Rights in this Digital Age

Employee privacy rights may have received a boost from the U.S. Supreme Court at the end of this year’s term. In Riley v. California, the most recent in a series of criminal search and seizure cases involving technology, the...more

Supreme Court to Protect Information on Cell Phones

The digital age has created a world in which over-sharing is the norm and electronic devices are capable of storing significant amounts of one’s personal information. However, in an important step to protect the privacy of...more

Exposing Individual Issues Regarding Consent Can Help Defeat Class Certification

Recent decisions suggest it may be tougher for plaintiffs to obtain class certification in Telephone Consumer Protection Act (TCPA) matters where individual issues regarding consent predominate. The TCPA imposes $500...more

FCC Clarifies TCPA Consent Standard for Collection Calls to Cell Phones

The Federal Communications Commission (FCC) recently clarified its view on when someone has provided “prior express consent” to receive prerecorded or autodialed collection calls to his or her cell phone as required by the...more

Digital Privacy’s New Age: Supreme Court Turns off Google’s Radio After Holding That We Are Our Cell Phones

In another installment of “Google does WHAT?!?,” the Supreme Court on June 30 rejected the Silicon Valley giant’s bid to stop a lawsuit accusing the search company of wiretapping. You read that right. Wiretapping....more

Five Lessons for Employers from California v. Riley

In the waning days of its current term, the U.S. Supreme Court ruled unanimously in California v. Riley that police officers generally violate the Fourth Amendment's prohibition against unreasonable searches by conducting a...more

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