BOP NEWSLETTER • September 2025
Q: Can employers ban or control employee use of cell phones and smart watches at work?
A: Yes—but with some important limitations. Employers generally have the right to set reasonable workplace policies around personal devices to minimize distractions, protect productivity, and safeguard confidential information. For example, you may prohibit personal calls, texting, or browsing during work hours, or require that phones and smart watches be kept silent in patient or customer areas.
However, be careful about overly broad bans. Employees have rights under the National Labor Relations Act (NLRA) to use personal devices for work-related discussions about wages, schedules, benefits, and working conditions. A policy that prevents all use, at all times, could violate those rights.
The best practice is to create a clear, balanced policy—one that limits excessive or inappropriate use, protects business needs, and still allows employees reasonable access to their devices during breaks or in case of emergencies.