Employee GPS Tracking:

Is it Legal in the US?

Employers use Global Positioning Systems (GPS) to monitor the location and movements of employees during work hours. This technology can be used to track employees who work remotely and on-site, as well as employees who have to travel for work.

Companies use GPS tracking for a variety of reasons, including monitoring employee productivity, ensuring compliance with laws and regulations, tracking company equipment, and more.

Yes, employee GPS tracking is legal in the US, with no states outright declaring it illegal. The FLSA, which mandates accurate recording of work hours to ensure fair compensation, doesn’t specifically mention anything about companies tracking employees via GPS. The critical element to note is that it is legal so long as employees are aware of and agree to having their movements and location tracked by their employer via GPS. It’s also important to note that companies should only track their employees during work hours.

Generally, employers in the US are legally allowed to track the location of their employees as long as their employees consent to the use of GPS tracking apps and devices.

However, there are some specific requirements when GPS tracking involves the movement of cars. These can vary by state.

California

Employers have the legal right to track the location of company cars, regardless of whether or not their employees consent. Employees need express consent in order to be otherwise tracked.

New York

Employers can only track company-owned cars during work hours. However, if employees use their own cars for work, employers must first obtain their consent before tracking them.

Texas

In the case of Tubbs v. Wynne Transport (S.D. Texas 2007), the court dismissed an invasion of privacy claim against an employer who used information gathered by a GPS device on a company-owned vehicle driven by the employee. It found that employers can track the location and movements of company-owned cars during work hours.

Washington State

Generally, employers have the right to track company cars, and this right supersedes the employee’s right to privacy. However, there are limits to the extent of GPS tracking, which employers should be aware of.

Florida

According to an article in the Florida Law Review titled “GPS and Cell Phone Tracking of Employees,” employers can GPS track employee-owned cars as long as they have their employees’ consent. However, employers can legally track cars as long as they’re company-owned.

These are just a few examples of where various US states stand with regard to employee GPS tracking. It would be worth investigating your particular state, in order to ensure compliance with laws and regulations on the matter.

Employers use GPS to track their employees for a variety of reasons, including:

• Monitoring productivity: With the data provided by GPS tracking, managers can gain insight into employee movements. This can help them assess whether or not productivity is being maximized.
• Ensuring compliance: GPS tracking can help companies stay compliant with certain regulations. This includes accurately tracking and recording the hours worked by employees in compliance with FLSA requirements.
• Monitoring employee safety: GPS tracking can show managers where field employees are, which can help ensure the safety of employees. This can be especially helpful if employees have to go to potentially dangerous locations or situations, or if they have to operate dangerous equipment.
• Monitoring employee efficiency: Managers can use data gleaned from GPS tracking to assess employee performance. They can check if employees punctually arrive at the site when it’s time for their shift.
• Preventing theft: By tracking the whereabouts of employees during work hours, employers will also be able to track the location of company equipment, such as company cars. GPS tracking can also prevent the unauthorized use of said equipment.

GPS tracking software and devices can experience bugs glitches, and other kinds of failures. The risks therefore include:

• Privacy and cybersecurity concerns: Real-time location tracking can raise some privacy concerns for employees. There’s also the possibility of cybersecurity attacks, which can compromise employees’ personal data as well as the company’s data.
• Decrease in employee morale: GPS tracking, when not introduced properly, can make employees feel that their managers don’t trust them to do their jobs correctly. This can have a negative impact on employee morale.
• Potential legal issues: Mismanaging the deployment of GPS tracking apps and the data they collect can open the company up to legal issues concerning employee monitoring.
• Potential micromanagement: With the option for a manager to track the locations of their employees during work hours, the potential for micromanagement is increased. This poor management technique can lead to resentment and decreased motivation in employees.

Here are some quick tips that can help you ensure that GPS tracking won’t be misused or lead to problems for your company:

Have a Well-Defined Policy in Place

Develop a company-wide policy that outlines the parameters of employee GPS tracking, including that it will be limited to working hours only and require the written consent of employees. It should also stipulate the acceptable and unacceptable uses of company-owned equipment.

Communicate Clearly to Employees

This policy, together with its purpose, needs to be clearly explained to all staff members. Employees need to be fully aware that their location will be tracked while using company equipment, during working hours, or both. Have an open discussion about GPS tracking with your employees and address any concerns they might have.

Stay Within the Bounds of the Law

Consult with lawyers or HR professionals to ensure that you are using GPS tracking systems appropriately. Make sure that the data collected from GPS tracking is being used to enhance productivity and identify areas for improvement. Do not use the data for micromanaging or disciplining employees.