International Door & Operator Industry

SEP-OCT 2017

Garage door industry magazine for garage door dealers, garage door manufacturers, garage door distributors, garage door installers, loading docks, garage door operators and openers, gates, and tools for the door industry.

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We live in a golden age of technology and connectivity. Unlike just a few years ago, today it is possible for virtually every person to be instantly accessible via telephone, e-mail, text, web, and app. However, with these amazing resources come legal and practical challenges for employers. The purpose of this article is to highlight some of those issues, and how IDA members should anticipate the risks connected to them. V O L U M E 5 0 I S S U E 5 O C T O B E R 2 0 1 7 13 Continued on page ## LEGAL&LEGISLATION By Brian J. Schoolman, Safran Law Offices Cellphones Cellphones are a ubiquitous technology today. According to a 2017 Pew Research Center study, 95% of Americans now own a cellphone of some kind, and over 77% of Americans own a smartphone. For business, cellphones have become nearly indispensable, and they have crowded out virtually all other forms of mobile communication technology. (I would wager anyone reading this article remembers CB radios, walkie-talkies, and Nextel Direct Connect, but that you have employees who have never used or heard of them.) Cellphones have enabled employers to have near-continuous ability to communicate with workers in the field, which has enormous value for business. From a legal perspective, workers using cellphones while on duty can carry some significant risks too. Employees who talk on the phone while driving may be distracted, and if there is an accident, those incidents will be the responsibility of the company. One such incident led to a $21 million dollar court judgment against Coca-Cola after a delivery truck driver talking on a cellphone struck a woman in Texas. Continued on page 14

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