HANDS-FREE DRIVING IN CALIFORNIA: YOUR EMPLOYER MAY BE REQUIRED TO PROVIDE YOU WITH A HANDS-FREE DEVICE
If your employer reimburses you for business-related cell phone charges or provides you with a company cell phone, your employer should provide you with a hands-free device or at least reimburse you for the expense of purchasing one on your own. If your job requires that you use your own cell phone while on company business, the expense of outfitting the phone with a legal hands-free device must be paid by the employer. An experienced California employment attorney can help you determine if your employer should be providing you with or compensating you for purchasing a hands-free device to use while you are driving.
As of July 1, 2008 the long-awaited California Wireless Telephone Automobile Safety Act is in effect. How does this new California law affect your rights as an employee? This law prohibits drivers over the age 18 from using handheld wireless telephones while driving, unless the device allows for hands-free listening and talking. A person whose cell phone has speakerphone capabilities can use the speaker phone function while driving. Though text messaging while driving is not against the law as of this time, a police officer can cite you for texting while driving if he feels you are distracted as a result of the texting.
Your employer may not insist that you violate the law when carrying out your job responsibilities. Your employer might be violating the new cell phone law in California by demanding that you continue to use your company cell phone while driving but not providing you with a hands-free device such as a Bluetooth or other ear piece. If you are in California, call us now at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.
