The lawfulness of an employer’s use of GPS Tracking in workplaces, specifically related to company-issued cars and cellphones, is dependent on whether the workplace is unionized or non-unionized.
Unionized Workplace
GPS technology is a mandatory subject of collective bargaining in a unionized workplace when it comes to installing GPS devices on company property or company-issued cell phones. However, whether the employer has the right to install GPS devices is determined by reviewing the collective bargaining agreement.
The NLRB has also ruled that employers can use GPS devices to track employees if it’s not a significant change to their employment terms and conditions. The NLRB GC has proposed that employers must disclose the technology they use to monitor employees, the purpose of the monitoring, and how the data is used.
Non-Unionized Workplaces
In a non-unionized workplace, employers can implement GPS tracking on company-issued vehicles and cell phones so long as they strictly follow the Employee monitoring laws, which became effective on May 7, 2022. The various Employee monitoring laws require private employers who will be lawfully monitoring employees to: (i) provide a prior written notice upon hiring to the affected employees; (ii) obtain the employees’ written or electronic acknowledgement of the notice; and (iii) post the notice of electronic monitoring in a conspicuous place visible to the employees.
Summary
Employers who utilize any form of employee-tracking technology with their employees should review this article carefully to determine if any changes in their policies and procedures are warranted.