Q - A: Implementing a policy to limit cell phone use at work

Q Our company wants to implement a policy to limit personal cell phone usage only to break times. Can we ask workers to put their phones in their work lockers or on their supervisors' desks?

Generally, as long as you don't take employees' cell phones by force, it's legal for you to take possession of them or require them to be stored in personal areas such as lockers during work hours, absent any contrary provision in a collective bargaining agreement. Although this requires workers to turn over cell phones voluntarily or to keep them in areas designated for personal and/or work belongings, there may be consequences for failure to comply. Typically, the practice of turning over cell phones will be explicitly enumerated in an employment agreement or some other company policy or handbook. Any cell phone policy should be equally applicable to all employees with similar roles and responsibilities.

In the event such a policy isn't specifically provided, you still have wide discretion to implement policies based on a reasonable justification ― especially in instances in which employment is at will. Such justifications may include improving productivity levels, increasing safety, or protecting sensitive information or secure data. Employees should, however, be granted access to their cell phones during any break time or any time they aren't being paid to work, even when at their worksite. Other exceptions may include, but aren't limited to, if an employee needs to communicate with a family member or medical professional. Any failure to comply may constitute grounds for discipline or even termination of employment.