As cell phones become increasingly ubiquitous, employers likely
have experienced both positive and negative effects of
employees' ability to remain constantly connected. In many
fields, business is conducted regularly through cell phones, and
employers may benefit from their employees' ability to access
e-mail and digital information remotely and to remain available to
communicate 24/7.
On the other hand, employee access to cell phones, including
text messaging and social media, during work hours might present
distractions that employers want to eliminate by restricting or
fully prohibiting cell phone access. Generally, employers legally
can regulate employees' use of cell phones during times the
employees are supposed to be working, but they should do so through
well-drafted employment policies that are enforced uniformly and
consistent with employees' rights.