House Bill 1510 – Proposing Employers Buy Employees Cell Phones and Calling Plans
House Bill 1510 – Proposing Employers Buy Employees Cell Phones and Calling Plans
In January 2015, State Legislator Mike Sells proposed House Bill 1510 that would require employers to pay for some employee cell phones and cell phone plans, even when the employee used the cell phone for personal calls.
If passed, the Bill requires an employer reimburse an employee the cost of the employee’s cell phone and cell phone plan, if the employer requires the employee to use a cell phone on the job. If the employer failed to reimburse the employee, the employee would have a civil cause of action, which included the recovery of the employee’s legal fees and costs, if the employee prevailed at trial. The Bill, which is very short, reads as follows:
An employer shall reimburse his or her employee for the cost of any cell phone and cell phone plan if the employer requires the employee to use a cell phone in the discharge of the employee's duties.
If an employer does not reimburse the employee as required under this section, the employee may bring a civil cause of action. If the employee prevails, the court shall award the employee reasonable attorneys' fees and costs incurred to enforce this section. Awards carry interest at the same rate as civil judgments under RCW 4.56.110. Interest accrues from the date on which the employee incurred the necessary business expense.
The Bill fails to address an employee’s partial or sporadic cell phone use for business purposes. For instance, the Bill leaves uncertain if an employer must reimburse an employee for a cell phone and a cell phone plan when the employee infrequently uses a cell phone for on-the-job calls. It also fails to describe the type of cell phone plan the employer must reimburse, or if the employer could be obligated to reimburse an employee the costs of text messaging or smart phone data usage.
Presently, House Bill is with the Labor Committee. It is unclear if the Bill will be debated or move out of committee. However, at a minimum, one would hope the Labor Committee would carefully consider the Bill’s lack of attention to detail, and limit its application to only those circumstances where employers required extensive on the job of personal cell phones.
Brian A. Walker helps businesses and individuals in employment, business, and real estate related litigation and transactions from the Wenatchee office of Ogden Murphy Wallace PLLC. You can reach Brian if you have questions or comments at bwalker@omwlaw.com or at (509) 663-1954.
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