penalizing employees for over use of company cell phones

[crucializer]

What is the name of your state (only U.S. law)? Va
Say a company has a cell phone plan, and each employee is given a phone for work to use as a tool. What happens is that the employees begin to use the phone for personal reasons and not just for work. The employee is allotted so many minutes / text messages. If the employee goes over his allotted use, can the employer deduct those charges from the employee's paycheck. To keep the employees from going over their allotted minutes, can the employer demand more than he will actually be charged to deduct from the employee's paycheck?

 

[pattytx]

What deductions can be made from an employee's wages?
The only deductions allowed are 1) payroll, wage or withholding taxes, and deductions otherwise authorized by law, and 2) those amounts authorized to be deducted by written and signed authorization of the employee. The authorization must be truly voluntary and not signed as a condition of employment. Virginia Code § 40.1-29(C).

DOLI - What We Do

 

[cyjeff]

To reinforce Patty's point, you cannot deduct from the employee's wages.

However, you can certainly discipline up to termination anyone that uses company equipment for personal use.

You can, if necessary, then sue the employee for the extra time in small claims court.

 

[xylene]

Get a restricted plan that allows for unlimited calls/texts to other company phones.

OR

Get a plan that allows unlimited calls and texts. Not really that expensive and would be a great fringe benefit.

 

[ecmst12]

OR, stop issuing cell phones and offer a flat monthly reimbursement for the employee's cell phone use.

OR, pay a set amount each month, and send the employees a bill for any overages. You can't take it out of their check, but you can still expect them to pay it, and fire them if they refuse, then sue them for the cost.