In California can an employee sue an employer that makes them use their personal cell phone for work?

California law requires employers to reimburse employees for job-related costs, and courts have made clear that this includes a personal cell phone required for on-the-job use. If an employer printed a personal cell number on company business cards, that’s strong evidence the company expected use of that phone for work.

The rule comes from California Labor Code section 2802, which says an employer must reimburse employees for necessary job-related expenses. In 2014, a California appeals court applied that rule directly to cell phones in Cochran v. Schwan’s Home Service. The court said that if your employer requires you to use your personal phone for work, it has to pay you a reasonable share of your phone bill.

Two parts of that decision often surprise people. First, it doesn’t matter if you have an unlimited plan and the work calls didn’t add a single dollar to your bill. You’re still owed a share. Second, it doesn’t matter who actually pays the bill, whether that’s you, a family member, or anyone else. The court’s view was simple: a company shouldn’t be able to push its business costs onto its employees.

There’s no set dollar amount for what counts as a “reasonable” share. It depends on how much you used the phone for work compared to personal use. That’s why your phone bills, call logs, and a clear picture of your job duties are important.

Timing also matters. You can usually go back three years for unpaid business expenses, and sometimes four if your claim also includes an unfair business practices claim. If you win in court, you may also recover interest and your attorney’s fees.

While you’re looking at this, it may be worth checking whether you had other work costs that were never paid back. For example, a California law that took effect in January 2026 confirmed that section 2802 also covers driving your own car for work.

Every case depends on its own facts and records. The best next step is to talk with an employment attorney who can look over your phone bills and job duties and tell you what your claim may be worth.