Total Articles: 11
DOT Restricts Mobile Phone Use Effective January 2012
A new rule restricts the use of hand-held mobile telephones and devices by drivers of commercial motor vehicles (CMV). This rule, which goes into effect on January 3, 2012, was adopted by the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration, which are part of the Department of Transportation. It amends both Federal Motor Carrier Safety regulations and Hazardous Materials regulations. The rule restricts CMV drivers from reaching for or holding mobile telephones while operating their vehicles, or pushing more than one button to operate the device.
The Taxation Treatment of Employer-Provided Cell Phones
The Internal Revenue Service has issued long-awaited guidance that clarifies the taxation treatment of employer-provided cell phones or other similar telecommunications equipment. This guidance indicates that the value of cell phones that are provided primarily for noncompensatory business reasons generally will be nontaxable to the employee.
Dual Personality – In A Smartphone?
In a series of related posts in June 2011, So You Let Your Employees Use Smartphones For Work? Are You Being Smart About It?, Are You A Security Threat To Your Mobile Device? and And Yet Another Security Risk to Mobile Devices … Malware, we discussed a myriad of security issues related to employees’ personal use of work-provided smartphones.
IRS Clarifies Tax Treatment of Employer-Provided Cell Phones
The Internal Revenue Service has clarified that when an employer provides an employee with a cell phone for “noncompensatory” business reasons, the provision of the phone will not be taxable income to the employee, even to the extent the employee uses the phone for personal reasons. Moreover, IRS Notice 2011-72 indicates that the employee will not need to substantiate that all or a portion of the cell phone use is for business purposes. Notice 2011-72 is effective for taxable years after December 31, 2009.
IRS Provides Updated Guidance on the Use of Employer-Provided Cell Phones
On September 14, 2011, the IRS issued updated guidance (pdf) on the tax treatment of employer-provided cell phones, effectively treating both business and personal use of such phones as exempt from an employee’s wages.
U.S. Agencies Move to Combat Distracted Driving by Workers in the Private Sector
The Departments of Transportation and Labor have announced planned efforts, including new anti-distracted driving regulations and other initiatives, to combat distracted driving during the second national Distracted Driving Summit. The Summit, held on September 21, brought together transportation officials, safety advocates, law enforcement officials, industry representatives, victims and others to address challenges and identify opportunities for national anti-distracted driving efforts.
On the Road Again: What State Cell-Phone Bans Mean for Employers.
Delaware will join the many states that ban cell-phone use while driving. The law, signed by Gov. Markell on July 6, will take effect on January 2, 2011. The new law bans texting while driving and the use of hand-held cell phones meaning a hands-free device will be required to talk on the cell phone while driving. It also bans the use of pagers, PDAs, BlackBerry devices, laptops, games or portable computers, and two-way communication devices while driving. In addition, drivers cannot browse wirelessly or read, write, or send messages while driving.
Should Employers Ban Employee Text Messaging?
A reported 4.1 billion text messages are sent each day in the U.S., according to CITA, the International Association for the Wireless Telecommunications Industry. The popularity of text messaging or "texting" has seen explosive growth in the past few years. But are employers really in touch with this tool and its potential legal risks?
Someone Controlling Your Cell Phone? Absurd! Or is it.
As if employers didn't have enough to worry about already, here comes the next big thing to fear:
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others can tap and listen in on your cell phone calls;
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they can know your exact location at any time your phone is on; and
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they can access the speakerphone on your cell phone and listen to you when you are not even on the phone.
Using Your Cell Phone While Driving: Doesn't Everyone?
It's difficult to drive anywhere these days without seeing fellow motorists intensely engaged, if not distracted by, cell phone conversations. And, amazingly, some drivers find it feasible (or think they do) to multi-task by typing Blackberry or text messages from behind the wheel. Do you think some or most of your employees may be doing this? If so, are they just risking having an accident for which they may be responsible, or are they also putting your company at risk as well? This latter question was addressed and answered by a decision of the Georgia Court of Appeals. Hunter v. Modern Continental Construction Co.
Camera Phones Are Here . . . Is Your Company Ready? (pdf).
Your company's confidential documents are being copied. Your biggest competitor has
learned your trade secrets. Photographs of one of your supervisors disciplining an employee
are appearing on a union organizing website. And, to make matters worse, a sexual
harassment charge has just been filed against your company.
