Can Your Employer Require You to Answer Work Calls on Your Personal Phone Without Pay?
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California employers must pay workers for time spent on work calls and reimburse a reasonable share of the cost of using a personal phone for the job. A class action pending in Ventura County alleges that funeral and cemetery company Carriage Services, Inc. did neither. The lawsuit was filed in July 2024, and the company's August 2026 report to the SEC says no class has been certified.
Case: Jacqueline Denning v. Carriage Services, Inc., et al.
Court: Superior Court of California, County of Ventura
Case No.: 2024 CU OE 028098
Who Is the Plaintiff?
Jacqueline Denning filed the lawsuit on July 29, 2024, on behalf of herself and other hourly (non-exempt) employees who worked for Carriage in California over the previous four years. She estimates the class at more than 100 people. A notice letter attached to the complaint describes Carriage as employing "embalmers and crematory operators like Plaintiff Denning," including at its Conejo Mountain Funeral Home, Memorial Park & Crematory in Camarillo. Carriage's own report to the SEC describes her as a former employee.
The labor law violation allegations below come from the First Amended Complaint, filed October 3, 2024. It also asks for civil penalties on behalf of other "aggrieved employees" under California's Private Attorneys General Act. This law lets workers pursue penalties for labor violations on the state's behalf.
Who Is the Defendant?
Carriage Services, Inc. is a publicly traded funeral and cemetery company based in Houston, Texas. According to its quarterly report for the period ending June 30, 2026, it operated 155 funeral homes in 24 states and 28 cemeteries in nine states. The complaint says it does business in California under several names, including Conejo Mountain Funeral Home.
The company has not accepted the claims. In that same report, Carriage says the class has not been certified, that it "intends to defend itself in all respects vigorously," and that it cannot reasonably estimate any possible loss.
What Are the Allegations in the Complaint?
The complaint asserts nine claims, including unpaid wages, minimum wage violations, missed meal and rest break pay, reporting time pay, unreimbursed business expenses, wage statement violations, unfair competition, and civil penalties. The central allegations are that:
• Employees were required to stay "on call" during each work period and to keep a personal cell phone for work, including to clock in and out and to take work calls.
• Workers were expected to answer at all times, including when they were off the clock, and faced discipline if they did not answer work calls right away.
• When contacted off the clock, employees were not paid at all.
• Employees were not reimbursed for using their personal phones for work.
• Workers were kept tethered to a communication device during meal and rest breaks, which the complaint says is not a lawful break.
• Employees who were contacted to work but given less than two hours of work, or less than half of a usual shift, did not receive reporting time pay.
• Wage statements did not meet California's requirements.
What Was the Main Question in the Case?
The main question is whether Carriage's phone practices turned off-the-clock availability into unpaid work and whether the company had to reimburse employees for using their own phones. The workers also have to convince the court to let the case go forward as a class action, a step called class certification. No court has ruled on the merits, and the company's SEC report says the class has not been certified.
Why Does This Case Matter to California Employees?
Work phones, group texts, and on-call expectations have blurred the line between on and off the clock for workers in many industries, not only funeral services.
• California requires employers to pay for work employees are required or expected to do, even if it happens after clocking out.
• Employers must reimburse necessary work expenses. In Cochran v. Schwan's Home Service, a Court of Appeal held that this includes a reasonable share of an employee's personal cell phone bill when the phone is used for work.
• The California Supreme Court has held that rest breaks must be free of work duties, including being on call.
• Class actions can take years to reach a ruling on certification, so workers who suspect unpaid phone time should not wait to get advice.
FAQs: Denning v. Carriage Services
Q: Can my employer require me to use my personal phone for work?
A: In many jobs, it can, but it has to reimburse you for the expense, and it has to pay you for the time you spend working on it.
Q: Do I get paid for work calls or texts outside my scheduled shift?
A: If your employer requires or expects you to respond, that time is work time. It must be paid, and it may count toward overtime. Keep a record of when calls and messages came in.
Q: How much does my employer have to reimburse for my phone?
A: Under Labor Code section 2802, employers must reimburse necessary business expenses. Under the Cochran decision, that means a reasonable percentage of your phone bill, even if you have an unlimited plan or would have paid the bill anyway.
Q: What is reporting time pay?
A: Under many wage orders, an employee who reports for work as directed but is given less than half of a usual or scheduled day's work must be paid for half of that day, with a minimum of two hours and a maximum of four hours. The rules can vary by industry.
Q: How long do I have to file a claim for unpaid wages or expenses?
A: Wage claims usually have a three-year deadline, and adding an unfair competition claim can extend it to four years. Deadlines vary by claim, so talk with an attorney soon.
Q: Has a court decided this case?
A: No. The allegations come from the complaint; the company says it will defend the case, and the class has not been certified.
Are You Expected to Answer Work Calls After Your Shift Ends?
The allegations in Denning v. Carriage Services show how unpaid phone time and unreimbursed phone costs can add up for California workers. If you are expected to answer work calls or messages off the clock, or you are not reimbursed for using your own phone, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, and Los Angeles.
