What can we do to curb employees from taking long rest breaks to be on their cell phones?

Employers can address extended rest breaks due to cell phone use through clear policies and progressive discipline.

Extended breaks are a policy enforcement issue. Employers may discipline employees who fail to return promptly from scheduled rest breaks.

Discipline typically follows a progressive process, beginning with an oral warning, then a written warning, and up to termination if the behavior continues or is severe.

Employees do not have an absolute right to use cell phones at the workplace. Employers may restrict or prohibit cell phone use in many contexts out of legitimate concerns for workplace productivity, efficiency, preventing invasions of privacy, preventing harassment, and protecting confidential and proprietary information.

Employers must be cautious, however, about overly restrictive policies that infringe on employees’ rights under the National Labor Relations Act to engage in protected concerted activity related to improving the terms and conditions of employment, such as talking with other employees about working conditions and documenting health and safety issues. Additionally, under California law, employees must be allowed to access their phones or other personal devices in the event of an emergency condition, such as a natural disaster or criminal act that places the workplace in danger.

Consult legal counsel before implementing or revising cell phone policies to help ensure those policies comply with state and federal law.

Read about Rest Breaks in the HR Library.