If a cell site location is near major metropolitan areas,then cell tower lease rates will clearly be higher due to the value of the site to the wireless carriers. The average cell phone bill is now nearly $80, so you should aim for heavy usage rates lower than that. You can edit the text in this area, and change where the contact form on the right submits to, by entering edit mode using the modes on the bottom right. Let's consider the pros and cons of the options at hand: This would require employees to submit any proof that the proportion of work to non-work calls exceeds this fixed amount. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. • 3G/4G LTE coverage in California is provided by AT&T, Sprint, T-Mobile, Verizon Wireless. Until more guidance is provided from the courts or a government agency, the employer should carefully monitor its practice and make sure it has a policy of “reasonable” reimbursement and fully address any employees grumbling about fair reimbursement. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. The Cochran case provides guidance on how to calculate a reasonable reimbursement for the mandatory use of personal devices such as cell phones: employers must compensate their employees for a "reasonable percentage" of the employee's cell phone bill under Section 2802. The Cochran court did note that the employer can engage in some calculations: “In calculating the reimbursement amount due under section 2802, the employer may consider not only the actual expenses that the employee incurred, but also whether each of those expenses was ‘necessary,’ which in turn depends on the reasonableness of the employee's choices.“ (Id. This entry does not give specific legal advice about your specific legal problem. The IRS publishes standard mileage rates each year (and sometimes adjusts these rates during the year). Put this policy in writing and expressly state that employees may submit expense reimbursement requests each month to the extent that the flat rate does not cover the total expenses for the usage that month. Longer Answer with Practice Recommendations: An Employer Must Reimburse An Employee For The Employee’s Use Of A Personal Cell Phone For Work Related Duties. It's not uncommon to see company phones damaged, abused, or stolen. With this method you would have to calculate the average proportion of time spent on work calls and pay that percentage of the total bill for that period.. Redirects responsibility for providing proof of work-related phone usage so that employees can be compensated for cost of such usage, to the extent the actual cost can be determined. In the Cochran  case mentioned above, the court of appeals held that employers must reimburse a “reasonable percentage” of their employees’ cell phone bills. Guaranteed compliance with the law and the cost is relatively easy to compute. By Kim Gale June 4, 2019 . BYOD, or bring your own device, policies are becoming more common in work environments. Steve’s security experience spans 16 years and started with very small local security companies to what is now the largest security company in the US, Allied Universal, where he managed a $50M security organization for Allied Universal and now brings that consulting expertise to Arthur McBeth and Associates which he co-founded with Carrie Parker. The law allows employees to sue their employer for reimbursement of the business use of their personal cell phone, internet, or even vehicle. To show liability under section 2802, an employee need only show that he or she was required to use a personal cell phone to make work-related calls, and he or she was not reimbursed. For more on the new employment laws in general, see our article “Changes to Illinois Employment Laws for 2019” How to be Reimbursed for your Cell Phone. 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