Key Considerations When Monitoring Employees Using GPS Tracking Devices

With all the proliferation of wage and hour litigation, which includes the highest number of Fair Labor Expectations Act (“FLSA”) cases filed annually nationwide, employers have looked for better ways for time tracking for employees in expectation of defending against unpaid overtime promises. Additionally, companies have used monitoring devices in hopes of increasing efficiency, address safeness concerns, ensure conformity with company insurance policies, safeguard of employer-owned property; and for customer support purposes.

One particular time tracking for employee’s method is the implementation of global setting system (“GPS”) devices on equipment, such as vehicles, cell phones, laptops, IPADs.

GPS tracking in the occupation context

Few courts have attended to the issue of GPS monitoring in the occupation framework, although, most have held that employers might use time tracking for employees on company-owned equipment, where the employee does not have an acceptable expectation of privacy in its use. Several state governments, California, Minnesota, Tennessee, and Tx, have laws protecting against the use of mobile traffic monitoring devices to be able to observe other individuals.  Common exclusions to these regulations are the consent of who owns the device or vehicle to which a traffic monitoring device is attached. Check more here

Fair expectation of privacy

In addition to note and consent, employers should think about whether employees have a reasonable expectation of level of privacy when using the equipment which the Gps unit device is to be attached or installed.  A balance needs to be looked at between the employee’s expectation of privacy, the reasonableness of the intrusion upon that privateness (i.e., being monitored by the workplace), and the employer’s legitimate business purpose for using the tracking device. These things to consider are heightened when the device is attached to an employee’s personal property or even to company possessed equipment that the worker uses or transports after work time and the time tracking for employees continues to record such after-hour utilization.

Invasion of the employee’s privacy

Tracking employees during non-work time can be an invasion of the employee’s personal privacy, whether the tracking is performed via the time tracking for employee’s equipment. When these devices tracks non-work time, such as through the evenings, weekends, and when the employee is on holiday, the workplace may gain private information about a worker that might be considered an invasion in to the employee’s personal level of privacy.

 Job performance and disseminated

Information collected through Gps navigation monitoring should be centered on an employee’s job performance and disseminated and then time tracking for employees who have the best business reason for knowing the info. The, should be limited by the reliable business purposes, conducted only during working hours, and provided the company has attended to the employee’s expectation of privateers.

Regulations should be carefully drafted to clarify the legitimate business goal, circumstances under which monitoring will take place, notice of the business’s right to keep an eye on employee actions when using Company managed property, the Gps unit monitoring features of the Company-issued property, and this employees shouldn’t provide an expectation of privacy with all the same.  For employee-owned equipment, companies should have a carefully drafted Bring Your Own Device plan that provides for employee consent for use of the time tracking for employees on the employee’s equipment, and be carefully limited by use only while the worker is working. See more this site!!!


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