By: Jeffrey A. Risch, Esq., SmithAmundsen LLC
2010 has already brought forth substantial legislative changes that require companies to revamp their policies and procedures.
On January 1, 2010, an amendment to the Illinois Vehicle Code became effective, prohibiting drivers from using an electronic device to compose, send or read electronic messages. Electronic messages are defined to include, and are not limited to, email, text messages, instant messages, and/or commands or requests to access internet sites.
On January 1, 2010, the Phone Use in School Zones Act also became effective. This Act prohibits the usage of mobile phones in school zones, regardless if the usage is with a hands free device or not. The only time a person may use a mobile phone in a school zone is if the individual is engaged in highway construction or a medical emergency and the phone is in hands free mode.
The advent of these prohibitions presents potential increased liability for companies that require employees to drive for their position or in the scope of their employment. As such, it is vitally important for all companies to update or institute comprehensive mobile phone policies. Failure to reasonable manage such behavior could result in virtually unlimited liabilities.
Jeffrey A. Risch Chairs the Labor & Employment Practices Group for SmithAmundsen LLC and also serves as Chairman of the Illinois Chamber’s Employment Law & Litigation Committee. Jeff may be contacted at jrisch@salawus.com.
Tags: Cell Phone, Cell Phone Use