Bayside, NY asked in Employment Law for New York

Q: I'm a 16 yr old with summer job. Can I be forced to use personal Fb for work? Can I be forced to use my phone for work?

I hope to print out a version of the law if it is illegal. Is there anywhere I can find the section of the law that states that forcing me to do those activities are illegal? Thanks so much for your time.

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3 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: You can not be forced to even have a phone. What if you went off the grid and totally got rid of your cell phone? Nothing illegal about you doing that.

The following link is very well written. Employers who insist on communicating with employees by voice, text, or e-mail run the risk of violating FLSA. And the damages and attorneys' fees they are liable for can be substantial. Both you and your employer should thoroughly review the following:

http://www.insidecounsel.com/2016/03/15/your-employees-cell-phone-use-might-take-you-out-o#.WXSMZNm-MR4.email

Most recently I have seen an employee refuse to be tracked on his cell phone and he was fired. The employer wanted to place a tracking device on his phone to keep track of employees. Nothing really illegal about that. The employee did not want employer to know where they were doing non-work hours.

Another employee used their own cell phone to text messages to another employee with photographs which wound up on the employer's cloud server. Employee lost their job. Nothing illegal about that. The employer had even loaded a "cleaner" program on the employee's phone such that immediately after they were told they were fired their phone was wiped clean. Nothing really illegal about that since our technology laws have not kept up with any particular protections in that area.

Finally, a cop candidate was asked for his cell phone during an interview and refused to give up his phone. The interviewers said the interview was over. He did not get the job. Unless he can prove discrimination, for example that he was a member of some protected class and that because of his membership in such protected class he was the only one asked to give up his cell phone and therefore lost the job because of his protected class and being targeted because of his protected class not illegal to do that either.

It's a brave new world out there. You can always request reimbursement for the usage which exceeds whatever plan you have. Most people have unlimited plans so how would that work? Ask them whether you will be getting a reimbursement for using your phone and probably work for someone else next summer if they do not treat you fairly.

Even if you were a member of a union or had a written contract of employment your employer would likely have access to you by cell phone unless you got rid of the cell phone altogether and then you might not have a job?

If you are not paid for all the time you spend on your cell phone during non-work hours then call an employment lawyer. Of course, if you are doing non-work activity on your cell phone during work hours that could be a problem. You could argue that social media is consuming too much of your time and therefore you have decided to keep your phone at home or locked in your car during work hours so that you are not distracted. Any wise employer would think that was smart on your part.

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Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: There is no law, to my knowledge, that restricts an employer from making it a requirement that an employee assist with their marketing. So, you can always threaten to quit or quit and find alternate employment where the management doesn't have such a requirement.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: "Forced": no, though it can be a requirement of the job, and if you want to keep the job then you'll do it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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