In Cochran v. Schwan's Home Service, Inc., the California Court of Appeal for the Second District ruled that employers must reimburse employees who use their personal cell phones for work purposes:
"We hold that when employees must use their personal cell phones for work-related calls, Labor Code section 28021 requires the employer to reimburse them. Whether the employees have cell phone plans with unlimited minutes or limited minutes, the reimbursement owed is a reasonable percentage of their cell phone bills."
The Cochran court delineated the rule with respect to cell phone plans as follows:
"Thus, to be in compliance with section 2802, the employer must pay some reasonable percentage of the employee’s cell phone bill. Because of the differences in cell phone plans and worked-related scenarios, the calculation of reimbursement must be left to the trial court and parties in each particular case."