Quote Originally Posted by kc261 View Post
One thing they can't do is treat employees differently. So they can't say that "Jimmy" (making up a name for the fork lift operator) can't have a cell phone while he is at work, but everyone else can.
Yes, but that problem is easily resolved for the employer by having policies based on job descriptions, making the point moot - it's entirely legal to create policies that result in taking phones away from customer service representatives, but not say, the warehouse staff, and since it's immediately effective as company policy, employees can either conform or be released.

That said, my view is extremely jaded by the fact that Texas (where I live and work) is an at-will state, meaning employers have a lot more latitude (legally speaking) in which to operate, and there is no mandate for them to provide explanation for firing you beyond the fact they no longer want you working there. YMMV of course depending on state and local ordinances.