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Respecting privacy while restricting cellphone use in the office

January 2023 employment law letter
Authors: 
Brendan N. Gooley, Carlton Fields

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?

In most jurisdictions, no law prohibits such a policy. You should nevertheless check with an attorney knowledgeable about the laws of your state. Even if a law doesn’t prohibit this kind of policy, there are still several concerns associated with a policy requiring employees to place phones on a supervisor’s desk.

Employees are likely to believe that their privacy is being invaded if a supervisor can see text messages and other notifications the employee receives throughout the day. That could cause workplace issues or even claims. An employer who wants to implement a policy regarding cell phones should strongly consider requiring that phones be silenced and placed in lockers rather than anywhere where supervisors or other employees may have access to them.

Brendan N. Gooley is an attorney with Carlton Fields in Hartford, Connecticut. He can be reached at bgooley@carltonfields.com.

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