The short answer is yes, in certain situations, your boss has the right to track your location. In fact, if you are a lone worker or work in hazardous conditions, location tracking can be a great way to provide protection while you are on the job.
However, with most of us now carrying a smartphone that has built-in location tracking capabilities at all times, it is important for employers and employees to understand the legal and ethical boundaries. In this article, we will explore questions of legality, consent, and the appropriate scope of workplace tracking.
We will also look at how employees can protect their right to privacy without compromising job security or compliance with your employer’s legitimate expectations.
How Location Tracking Works
The most common form of location tracking technology is powered by the Global Positioning System (GPS). Originally developed for military use, it has become an integral part of everyday life. It enables mobile devices, fleet vehicles, and wearable technology to transmit accurate location readings almost in real-time.
A GPS receiver in the device an employee carries works by connecting to four or more satellites, which form a full constellation in the sky. Each satellite transmits a signal that enables the GPS-enabled device to determine its location based on distance traveled and satellite positions. It performs complex calculations in fractions of a second, using data from atomic clocks and the curvature of the Earth’s surface to pinpoint your location.
Once the GPS has determined your location, the data can be transmitted to your employer, who can use it to make sure you are where you are supposed to be at any given time.
The Pros and Cons of Employee Location Tracking
There are many reasons an employer may feel it is valuable to track employee locations.
Advantages of tracking systems
Some advantages of using GPS devices to track employees include:
- Greater efficiency: When a business manages a fleet of vehicles, it is essential to plan routes that make the best use of time and gas. GPS can ensure workers have the most efficient routes, and employers can monitor whether they stick to them.
- Accurate reimbursement: If you need to reimburse employees for use of a private vehicle or gas paid out of pocket, GPS technology can help them submit accurate claims.
- Accountability: Location tracking allows an employer to ensure that his or her workers are where they are supposed to be at any given time and are not using work time for personal errands.
- Lone workers: If an employee is working alone on the company’s premises or at remote locations, GPS devices can help keep them safe and summon emergency services, who can pinpoint his or her exact location if an incident occurs.
The downsides of location tracking
A major disadvantage of tracking employee locations is the negative perception it creates among workers. Some people may feel uncomfortable that their boss can track them every minute of the working day. This could impact employee morale, giving workers the impression they are not trusted.
Tracking can also be used improperly by an employer to invade privacy. For example, tracking might be used to reveal what an employee is doing on personal time. Such uses may amount to an invasion of privacy.
GPS units are also not tamper-proof. Employees can change app settings or run up mileage in their off-hours and attempt to get it reimbursed as business mileage. Also, like any type of technology, they can malfunction.
However, for most businesses, one of the biggest risks to their bottom line and reputation is violating employee privacy laws.
Understanding Geofencing
Imagine if a business could draw a virtual fence around its employees and track whether they stay within that location at all times. That is exactly what geofencing technology allows companies to do.
There are three key components to any geofencing system:
- Tracking technology: GPS, Wi-Fi, RFID, and cellular data can be used to track the location of a device.
- Tracking device: The employee must carry a device or use wearable technology that has location technology activated and software or apps to enable it to communicate with the employer.
- Programmed actions: When an employee strays beyond the geofence, an action will be triggered. This could be an alert or notification sent to both the employer and the employee. If a worker enters a hazardous area, safety protocols may be activated that reduce the risk of accidents.
How businesses use geofencing
It has several practical business uses, including:
- Monitoring off-site workers: If employees work in the field or from home, geofencing can verify whether they remain where they are supposed to be and trigger alerts if they move from their prescribed location
- Restricting access: If parts of a workplace are hazardous, geofencing could protect workers by activating safety protocols to prevent accidents or to prevent exposure to dangerous substances or conditions
- Filling out timesheets: Data from geofencing devices can also assist with logging work hours and locations while also recording them for accurate pay calculations
Potential downsides of geofencing
Geofencing may sound like a great way to monitor employees and keep them safe. However, it can be inaccurate, which can lead to missed alerts. Additionally, GPS can drain the battery life of an enabled device, resulting in devices that are unable to track employees.
Most seriously, there are serious ethical and legal concerns around worker privacy that must be addressed before any business implements a geofencing system.
Geofencing and GPS Tracking: What Are Employees’ Rights?
During working hours, employers most jobs give employers the right to dictate where their employees must be at any given time. An employer has the right to restrict an employee’s freedom of movement during working hours if the restriction is necessary for the performance of the employee’s duties or if the employee remains under the employer’s control.
Therefore, it is anticipated that legal disputes arising out of geofencing will turn on whether their tracking goes beyond what is reasonable, proportionate, and disclosed under applicable privacy laws and workplace policies.
Federal and State Laws on Tracking Employees
Currently, there is no federal law that explicitly prohibits tracking employee locations. However, several state laws have a bearing on this topic.
California privacy laws and employee tracking
Under the California Consumer Privacy Act (CCPA), employees and job applicants are considered consumers, meaning that this data privacy regulation applies to employers. Under the CCPA, employers must provide privacy notices, allow employees to access and delete their personal information, and comply with other obligations, such as limiting the use of sensitive personal information, which may include location data. Also, the CCPA requires that the collection and processing of personal information must be reasonably necessary and proportionate to the disclosed purposes.
Under the CCPA, employers must:
- Set storage limits for personal data: Geotracking data should only be retained for as long as it is necessary for business operations and then deleted
- Keep data safe: Businesses must implement security controls to reduce the risk of data breaches
- Be transparent: In privacy policies or company handbooks, businesses must be upfront with their employees about the data they are collecting
Location monitoring under the California penal code
California criminal laws also uphold an individual’s right to privacy. The California Penal Code Section 637.7 states that, “No person or entity in this state shall use an electronic tracking device to determine the location or movement of a person.” There is, however, an important exception to that law that may apply to employment situations. Tracking is permitted if the “registered owner, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle.” It follows that an employer is entitled to track an employee using a GPS system or a similar device if the worker is driving a company owned or leased vehicle, and an employee in California cannot claim to have a reasonable expectation of privacy as to location while driving a company-owned vehicle. An employee may have rights of privacy, however, depending on his or her right to use the vehicle for personal purposes or to park it at his or her own home outside of working hours.
Potential violations of employee privacy rights
As we have seen, employers have significant rights to track their employees’ locations. However, they do not have carte blanche to do whatever they want, especially outside of work time.
Many state constitutions now prohibit employers from investigating or monitoring their employees’ off-duty activities. For example, in California, employers may not take employment-related action against an employee for lawful conduct in his or her free time. So if you believe your employer has overreached his or her rights by tracking you outside of work time, it is crucial to seek tailored legal advice from an employment lawyer.
Additionally, you may have legal rights if your employer’s tracking amounts to a breach of your Section 7 rights under the National Labor Relations Act. Employers are prohibited from impacting an employee’s ability to engage in protected activity and keep such activity confidential from the employer. Again, an employment lawyer is best placed to explain your rights to pursue legal action.
What an employment lawyer can do for you
If you believe your right to privacy has been violated by your employer’s use of GPS devices, an employment lawyer familiar with your state’s privacy laws can provide the specific legal advice you need.
Your attorney can talk you through your legal rights, the correct way to make formal complaints, and how to protect yourself from workplace retaliation. If you pursue litigation, an employment attorney can investigate and fight for your rights at the negotiating table and in court, if needed.
AMG Law – Your Trusted Advocate in Location Tracking Cases
If your boss’s tracking has gone from legitimate to intrusive, now is the time to investigate your legal rights and seek justice. With almost 50 years of experience in fighting cases big or small, Allred, Maroko & Goldberg’s employment attorneys are the advocates you need to fight for a fair result.
Allred, Maroko & Goldberg has recovered more than $1 billion for our clients by focusing on what truly matters – individuals’ rights. We do more than just fight cases. We aim to set precedents and give a voice to those whose rights have been disregarded by unscrupulous employers.
Today is the day to discover your legal rights. Call 213-523-7508 or contact us online to schedule a free case evaluation to learn more about what our employment attorneys could do for you.