Post-Cochran BYOD Class Actions: Who’s an Employer To Call?

Loyal readers will recall our discussion of the perplexing Cochran v. Schwan’s Home Services, Inc. cell phone reimbursement case in this space (initially here, and then again here).

 

We’ve yet to see any other California appellate decision that confirms or challenges Cochran’s holding that, under California Labor Code section 2802, employees are entitled to reimbursement for “some reasonable percentage” of their personal cell phone bill if they must use their personal cell phone for work. And that “reasonable percentage” seems to apply irrespective of whether (1) the employee actually incurs any additional charges for the work-related portion of the total cell phone use, (2) a third party pays the employee’s bill, or (3) the employee has made any voice, text, or data plan changes because of the employee’s work-related usage.

 

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