Attention All California Drivers: Hands-Free Now Required
July 1, 2008 Marks Date For New DMV Laws For Cell Phone Use

Written by: Crystal O'Brien, Esq.

As if California commuters did not have enough to worry about with rising gas prices, traffic congestion, and construction to build more and improved roads, drivers must now limit cell phone use while driving. Essentially two laws go into effect on July 1st in California.  Drivers who are under the age of 18 are prohibited from using cell phones while driving unless required to due to an emergency.  Drivers who are 18 and over must restrict cell phone use to only that which can occur via hands-free devices.

What this means for employers is that if you employ someone who is under the age of 18, you will not be able to communicate to him or her while they are driving.   This means you should implement, if you haven't already, a system for logging delivery or commuting time to a check-in from employees prior to departing one place and upon arrival.  For employers of those who are 18 and over and who are required to be available while commuting, those employees should be provided with headsets, blue tooths, or other mobile devices which enable hands-free communications while these employees are in route.  If these devices enable the employee to perform usual and customary jobs as required by the employer, the purchase of these devices should arguably be an employer-paid expense.

To read more about this law check the DMV website.  You should also feel free to call MMC's Employment Law Department at (800) 899-MMCI (6624).