While the National Labor Relations Board has previously supported an employer’s policy that prohibits the use of cell phones by employees during work hours, a ruling by the Federal Communications Commission (FCC) may impact the way employers enforce such policies. The FCC has upheld a fine imposed on an employer who used a signal jammer to prevent their workers from using cell phones while on the job.

A signal jammer is a device known to overpower, disrupt, or block radio frequencies. Under the Communications Act of 1934, such devices are typically illegal to use due to their ability to hinder crucial communications such as emergency 911 calls, interfere with first responders’ communications, or disrupt aviation and maritime communications.

The Act specifically prohibits any individual from “willfully or maliciously interfering with or causing interference to any radio communications of any station licensed or authorized by or under this chapter or operated by the United States Government.” Furthermore, the Act prohibits the manufacturing, importation, sale, offer for sale, shipment, or use of any devices that do not comply with the Act’s regulations.

As a result, it is usually impossible to certify or use jamming devices since their primary purpose is to interfere with authorized equipment’s communications. Such devices do not meet the FCC’s standards and are illegal to use in the United States, except for a few limited exceptions.

In this particular case, the FFC had received complaints from a telecommunications provider of interference. In response, the agency’s Enforcement Bureau launched an investigation of a Texas-based warehouse business for the possible use of a signal jammer. The owner of the business admitted to the use of such a device in order to prevent employees from using their cell phones in the workplace.

The FCC reports that the owner of the business stated that their son had received a previous warning from a telecommunications provider that such devices are illegal. Further, the owner claimed that they had already disposed of the device and would not retrieve it for the agent or identify where it had gone. However, the owner reportedly did offer to sell the device to the agent, who declined the offer.

Following this, the FCC Enforcement Bureau issued a total fine of $22,000 which included $10,000 for operating an unauthorized device, $7,000 for interfering with authorized communications, and $5,000 egregious conduct. The warehouse business appealed the decision, and in response, the FCC has now upheld the fine.

Employer Takeaways

The NLRB’s earlier ruling suggests that employers can implement policies prohibiting the use of cell phones while working. However, it is crucial to consider the practicality of enforcing such policies. The recent decision by the FCC clearly shows that utilizing signal jammers is not a legally permissible method of enforcing these policies.