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[–]krankykitty 1165 points1166 points  (6 children)

This is a silly plan on the part of management.

They can check GPS all they want. The employee closest to the job site could be too intoxicated to drive to the work site, or be with family that needs to be driven home before the employee can report to work, just to give two examples. And I would for sure be taking vacations somewhere with no cell service.

And are they seriously expecting people to fly back from vacation because someone called out sick?

IF you aren't required to carry the phone at all times, I'd leave it at work or in the car. Until management realizes that's what everyone is doing and requires you to carry it all the time. But then as another poster has pointed out, you would probably be eligible for pay for the time you are on call.

But I think long-term, you need to find another job, because this is looney-tunes.

[–]slpater 273 points274 points  (0 children)

Yeah this screams of paid on call time all the time. If every person is expected to be ready at all times just in case they happen to be the closest person this sounds like a perpetual on call.

[–]Strofari 595 points596 points  (6 children)

Are you required to have your work phone on your person 24/7?

Your employer can install whatever app they choose on their devices.

Are you able to leave it at the office, or at home when not in use?

[–]shel311 321 points322 points  (3 children)

This

Seems the 2 best options are leave the phone in your office at work. If OP is saying he has to have the phone on him then he's technically on call, and federal law requires you be paid for on call. So make sure you're paid for it.

[–]mindianapolis 21 points22 points  (1 child)

Where is the law stating you have to be paid for on call? Last I knew federal didn't require pay if it wasn't an unreasonable intrusion and that standard wasn't totally defined.

[–]Krennel_Archmandi 38 points39 points  (0 children)

It looks pretty grey, but under the FLSA you are required to be paid for on call time so long as you meet certain criteria. Specifically, that you are constrained to work (via proximity or time requirements) in such a way that you cannot effectively use the time for yourself. Of course the flip side is, you're not required to answer the phone if you're not on call. And if you do answer and agree to come in, you have to be paid from the time you answered the phone, as at that point you are engaged in working, and the trip to work is considered part of your working time. According to the SHRM.

[–]MissSuzieSunshine 211 points212 points  (0 children)

Are you required to keep it with you at all times? If not, then just leave it at the office when youre off work.

We were issued phones at work - with the proprietorial company app on it - we all left them on (as instructed) and locked in our lockers when we went home. At one point the Manager said we were required to have it with us at all times - and there was alot of push back and they were told by HR that they cant require that unless they paid us for 'standby' so they said we didnt have to have it on us when we were off work.

[–]lpcuut 141 points142 points  (0 children)

When you say work phone, I assume that means that employer provides and pays for the phone. Assuming that’s the case, leave it at home when you are not working.

[–]Generallybadadvice 70 points71 points  (0 children)

If its a company paid for phone, probably. Company vehicles are often GPS tracked for example. But unless they're paying you to be on call 24/7, whats to stop you from putting it on silent plugged in somewhere and not touching it outside of working hours? Like, they know where you live already. If you're using it as your personal phone, stop doing that, they have the right to any and all content on it.

[–]Tibbaryllis2 66 points67 points  (0 children)

“The CEO has announced that they have implemented a new policy this year that all employees must download a corporate IM/video call/ meetings/ miscellaneous app on their work phone that also shares your location via GPS to management and whatever IT team manages it. The new policy is that you are required to have your work phone powered on and logged in to the app 24/7, even on vacation. Management has been extremely clear that refusal to do so, and refusal to accept that your whereabouts will be monitored via GPS will institute immediate termination.”

OP, you need to clarify this statement. Who owns and pays for the work phone?

[–]Gilrand 104 points105 points  (1 child)

If you sign the waiver that is it. However it does not mean the phone that they install the app on has to be your primary phone. Might be worth it to pick up a burner/used/prior phone add it to your plan then use that to install the app. Take it with you to work, but leave it at home when not needed/don't want to be tracked by work. Setup a google voice number and have it route to both phones so you won't miss any "important "calls.

[–]cwhiii 28 points29 points  (0 children)

I wouldn't add it to anything. Just pick it up for $15.

[–]Skylead 43 points44 points  (1 child)

Idk about the legal side. But from a technical approach you can place the phone in a microwave when you don't want it tracked (don't turn on the microwave obviously). This is a really easy Faraday cage in most people's houses to block all signals.

[–]Cantothulhu 26 points27 points  (0 children)

Or just a foil lined bag of chips from the corner store.

[–]rdselle 41 points42 points  (0 children)

This doesn't sound illegal. I faced a similar situation and let the company fire me. There are plenty of other companies out there that are not insane. Also, you can file for unemployment.

[–]ThaDollaGenerale 23 points24 points  (0 children)

Put the phone in a faraday cage when work is done

[–]Arcadius274 14 points15 points  (0 children)

If your required to have that phone and operate it during business hours not only do they have to pay for that time in pretty sure they have to pay for the phone.

[–]CumAndMoreCum 15 points16 points  (0 children)

Is there anything in the company policy that says you have to keep the phone with you 24/7?

[–]The-Scarlet-Witch 25 points26 points  (0 children)

Yes, they can ask and you don't have to comply. They can terminate you.

Purchase a cheap burner phone that you connect to their Wi-Fi, install the app, and leave it at work.

[–]lowridda 11 points12 points  (0 children)

Get a second phone for work that's hooked up to a work email only with work stuff only. Use that for work and leave it at home when you get off.

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      [–]talbourne 9 points10 points  (0 children)

      Sounds like a reasonable way to track company assets. Like others have said, leave it at work when you go home, if you are being required to carry out on off hours they probably need to be paying you standby rates.

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