California Law Prohibiting Texting, Instant Messaging and E-mailing While Driving Creates Concern for Employers
Beginning Jan. 1, 2009 California drivers will not be allowed to operate a vehicle while writing, sending or reading messages on electronic communication devices. The new law is yet another attempt to curb distracting behavior while driving. According to Chris Boman of employment law firm Fisher & Phillips, however, the new law is anticipated to impact all companies with employees who use cell phones or other electronic devices while driving.
A recent study by the AAA Foundation for Traffic Safety found that one in seven respondents admitted to texting while driving in the last 30 days. Ironically, while the new law doesn’t restrict drivers from conducting other distracting behaviors, it does impose fines-$20 for the first offense and $50 for subsequent offenses-on violators who write, send or read text messages or emails while driving.
Do employers need to change their company policies? “Companies with employees who conduct business via cell phone or other electronic device while driving should amend their employee handbooks and mobile communication usage policies,” says Boman. “This practice alone provides some protection for employers. Specifically, it demonstrates the employers’ attempt to ensure compliance with the new law from its employees.”
Companies should consider expanding the scope of their current cell phone use policies to include any and all mobile communication devices.
Who pays for the ticket? Employers are potentially liable to pay for a texting or e-mailing ticket-especially if the employee was responding to a message from the boss. However, if a written policy is implemented which prohibits such conduct, the employer will be able to argue that the employee intentionally violated written policy.
What's at stake? Employers should be aware of the potential tort liability for their companies. “If an employee gets in an auto accident while driving in violation of this new law, the company-not the employee-will be the target of litigation,” explains Boman. “If the company has not done anything to comply with the new law, the liabilities could be enormous.”
Source: Fisher & Phillips; www.laborlawyers.com.
Reprinted with permission. © CCH
<p>California Law Prohibiting Texting, Instant Messaging and E mailing While Driving Creates Concern for Employers Beginning Jan. 1, 2009 California drivers will not be allowed to operate a vehicle while writing, sending or reading messages on electronic communication devices. The</p>
California Law Prohibiting Texting, Instant Messaging and E-mailing While Driving Creates Concern for Employers
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