CALIFORNIA EMPLOYERS SHOULD ADDRESS
NEW HANDS-FREE CELL PHONE LAW

Effective July 1, 2008, California joins several other states in prohibiting the use of handheld mobile phones while driving. California employers with employees who drive for work should review their policies in anticipation of this new law.

The California Wireless Telephone Automobile Safety Act prohibits the use of mobile phones by the driver of any moving vehicle unless the driver is using a hands-free device. Acceptable hands-free devices include speaker phones, earpieces, wired headsets and Bluetooth devices. If a driver is cited for using a mobile phone without a hands-free device while driving, the infraction is punishable by a base fine of $20 for the first offense and $50 for each subsequent offense. Passengers are not affected by the new law as it applies only to persons driving.

What does this mean for California employers? The new law does not affirmatively require an employer to take any proactive measures, but employers should consider the following in anticipation of the law taking effect. Employers may consider prohibiting their employees from using mobile phones of any kind while driving for work. If not feasible, employers may want to provide employees, especially those who utilize their company-provided mobile phones while driving on company business, with hands-free devices. This will promote safe driving and encourage employees to comply with the law.

Furthermore, employers should revise their mobile phone use policies to include a provision requiring the use of hands-free devices while driving a motor vehicle during work hours or on company business. While the California Wireless Telephone Automobile Safety Act does not specifically address typed text messages on a mobile phone or PDA, employers may also choose to include language in their handbook which prohibits under all circumstances the reading or sending of text messages while driving.

It is essential that an employer communicate and enforce this sort of policy on a regular basis. Employers may consider disciplining employees who fail to adhere to the policy. Any changes an employer makes to its policy should be acknowledged by each employee in writing.

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Mary Lavigne-Butler

Nora Culver

Published by DLA Piper US LLP
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