The California Court of Appeal’s recent decision in Cochran v. Schwan’s Home Service, Inc. was simple. When employees must use their personal cell phones for work, California law requires employers to reimburse them, regardless of whether the cell phone plans are for limited or unlimited minutes. This decision, however, could have a wide ranging impact on California employment law.
The plaintiff in Cochran sought to bring a class action lawsuit against his employer based on his employer’s alleged failure to reimburse him and similarly situated employees for use of their personal cell phones for work-related calls. The superior court denied plaintiff’s motion for class certification, finding that the claim was not suitable for class treatment because individual issues predominated. Specifically, the superior court reasoned that the defendant employer’s liability to prospective class members depended on individual factual issues such as whether employees paid for the cell phone plan themselves, whether employees purchased different cell phone plans because of their work cell phone usage, or whether employees suffered any “actionable expenditure or loss,” i.e., loss of cell phone minutes.Continue Reading California Court of Appeal Rules Employers Must Reimburse Employees For Work Calls on Personal Cell Phones
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Last week, President Obama signed an executive order prohibiting all federal employees from text messaging while driving on official business or while using government equipment. Click here to read
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Add "texting" to the list of things you may not do in California while driving. As
Last night I was riding home and was almost run off the street by a woman reading a novel while driving, when I remembered: Effective July 1, 2008, new laws in California and Washington prohibit the use of hand-held cell phones while driving. Drivers may, however, use a cell phone if the communication is made