Use Of GPS Tracking Devices In The Workplace - Some Things Employers Should Consider

[Excerpt from article written by Louis P. DiLorenzo, Esquire]

The use of GPS tracking devices in company vehicles and cellular telephones is becoming increasingly prevalent. GPS devices can record and display location and movement to establish a history which an employer may access at any time. Currently there are no federal or state statutes expressly prohibiting the use of GPS devices in an employment situation, but state privacy statutes and common law tort principles may be sources of legal action by employees.

Employers should be wary regarding various state privacy protections. Most states have laws restricting employers from taking action against employees because of their private off-duty pursuits. New York State, for example, has one of the most stringent laws concerning protection of legal off-duty activities, making it unlawful for employers to discriminate against individuals regarding terms or conditions of employment because of political activities, use of legal consumable products, recreational activities, and more.

It may be more prudent for employers to limit GPS surveillance to on-duty activities and to inform employees that they may be monitored, since the key to the issue of privacy is typically whether an employee had a "resonable expectation" of privacy. Some things employers should consider:

1. Monitoring could be limited to legitimate business reasons to increase productivity, aid in quick response, and routing organization and promptness.
2. Employees should be able to shut down monitors during meal breaks and other off-the-clock time.
3. Any information provided by tracking devices should be limited in scope to those on a need-to-know basis.

In addition, employers should provide a written policy summarizing these points and others, such as reserving the right to monitor the location of employees during working hours for business purposes, the right to discipline employees based on location monitoring, and the method and length of storage and safekeeping of datat collected.

To read this complete article, click here.

[Mr. DiLorenzo is Co-Chair of the Labor and Employment Law Department of Bond, Schoeneck & King, PLLC and maintains offices in Syracuse, NY, and New York City.]

Comments

[New York Universities]

Very informative!
Thank you for posting!