The National Labor Relations Board (NLRB) has in past rulings upheld employers’ rights to restrict employee cell phone use in order to improve productivity. However, the Federal Communications Commission (FCC) has a different view on how such policies should be enforced, especially when it comes to the use of signal jammers. Recently, the FCC announced that it would maintain a fine against an employer for using signal jammer devices in its workplace to try to prevent employees from using cell phones.
Employer uses signal jammer to prevent employees from using mobile phones at work
The case was caused by a complaint from a telecommunications provider, which reported that signal interference problems were detected at a warehouse in Texas. Subsequently, the FCC Enforcement Bureau investigated the company and found that the employer did use signal blockers to restrict employees from using mobile phones during working hours. The business owner admitted the behavior and stated that the use of jammer devices was due to management needs to prevent employees from chatting or being distracted on their mobile phones in the workplace. However, this behavior clearly violated the relevant FCC regulations. And the FCC punnishment towards signal jammer device as follows:
Punishment measures
Individuals or organizations who violate FCC regulations may face the following penalties:
- Civil penalty: The maximum fine for each violation is 112000 US dollars.
- Criminal responsibility: including imprisonment.
- Equipment confiscation: The FCC has the right to confiscate any illegal signal jammers.
According to the investigation, the FCC learned that the business owner's son had received a warning from the telecommunications provider, reminding them that such equipment was illegal. However, the owner did not immediately stop using the device. After being investigated by the FCC Enforcement Bureau, the business owner claimed that he had abandoned the cellphone signal jammer, but failed to clearly explain the whereabouts of the device. It is reported that he had proposed to sell the device to FCC investigators, but was rejected.
In the end, the FCC issued a total of $22,000 in fines to the company, including a $10,000 fine for using unauthorized equipment, a $7,000 fine for interfering with authorized communications, and an additional $5,000 fine for "egregious behavior." Although the business owner tried to appeal, the FCC ultimately rejected the appeal and upheld the fine decision.
