Does Your Company Have a Cell Phone Policy?

Ogletree Deakins, one of America's leading labor and employment law firms and Michael Fox's firm (of Jottings By An Employer's Lawyer fame) has an interesting article in the April/May 2005 edition of the Employment Law Authority dealing with Cell Phone Policies - If You Don't Have One You Need One.  The Article starts off with:

More and more, plaintiffs’ attorneys representing persons injured by drivers using cell phones are suing the drivers’ employers, and frequently obtaining very sizable settlements or jury verdicts. Generally, in such lawsuits the plaintiffs claim that the employer is vicariously liable because the employee talking on the cell phone was acting within the scope of his or her employment. They also frequently claim that the employer is directly liable for encouraging or condoning cell phone use while driving, without appropriate safeguards or training.

The article discusses some recent U.S. litigation, state laws and suggestions with respect to cell phone policies.  Another article comes from Ford & Harrison, another leading US labor and employment law firm, entitled Are Your Employees Driving Distracted, and Are You Liable?