If your employees use cell phones while driving for work, a new California ruling might mean revising your policies. A recent court decision highlights the growing risks tied to employee cell phone use while driving on the job. On June 3, 2025, the California Court of Appeal reinstated the traffic conviction of a driver who was caught holding his phone while driving so he could view a mapping application.
In People v. Porter, 111 Cal. App. 5th 927, 333 Cal. Rptr. 3d 168, 171 (2025), the defendant was convicted of violating California Vehicle Code section 23123.5(a), which prohibits drivers from “holding and operating a handheld wireless telephone or an electronic wireless communications device” while driving unless it is “specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.” The defendant argued that the law prohibited only listening and talking on a handheld phone but did not limit the ability to observe GPS directions. The Court of Appeal, however, did not agree with this argument and concluded that the statute also prohibits passively looking at applications on the phone.
Many employers already have policies in place regarding the use of cell phones while driving for work. In light of this recent ruling, California employers may want to consider reviewing their current cell phone policies to ensure compliance with the statute. California employers may also want to consider investing in hands free technology and/or installing a cell phone/GPS windshield mount in employer vehicles and trucks to protect employees from unnecessary distractions while driving.
Employers Council members who would like to have their cell phone and/or driving policy reviewed, can reach out to our California Legal Services Team at CAInfo@employerscouncil.org.
Brittanie Young is a human resources consultant for Employers Council.