Today’s post comes to us from our colleague Jon Gelman of New Jersey.
The Federal Motor Carrier Safety Administration (FMCSA) is proposing to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in interstate commerce. Cell phones have become a major cause of distracted driving accidents resulting in an increase of workers’ compensation claims by employees as well as liability lawsuits against employers directly. This federal rule would be in addition to the many states which already ban hand-held cell phone use.
The following is a summary of the proposed rule: “FMCSA and PHMSA are amending Continue reading
A whole host of “Course of Employment” issues accompanies the increased prevalence of work done at home, enhanced significantly by computer technology. Many employees contract with their employers to work frequently or exclusively from their homes. Does an accident in the employee’s kitchen or bathroom fit into the course of employment under the “Personal Comfort” doctrine that routinely applies to employer premises? The Court’s time-honored criteria for whether work performed at home is considered to be in the course of employment may require alteration for “telecommuters” in the post-computer era. The