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Your Guide to Monitoring your Employees Through GPS: What Is Legal and What are Best Practices?

Your Guide to Monitoring your Employees Through GPS: What Is Legal and What are Best Practices?

GPS technology has revolutionized the way people navigate roads to find their planned destinations.

Over the years, the role of GPS has changed. Nowadays, it also serves as a tool for companies to track their vehicles and employees.

Using GPS in construction, for instance, has several benefits:

GPS employee monitoring is quickly becoming a popular way for employers to keep tabs on their workforce. However, with GPS tracking comes new privacy concerns.

Before you start using GPS in the workplace, it’s essential to consider all related legal ramifications and privacy issues and implement best practices. Hence, no trust breaches occur among workers.

If you want to use a GPS and geofence tracking device in your company, keep reading to find out how you can utilize its benefits while staying within the law.

What Are the Laws Involved in GPS Tracking?

Though Federal Laws are limited, the Electronic Communications Privacy Act (ECPA) of 1986 prevents employers from indiscriminately gathering GPS data on their employees.

The act covers electronic communications such as texts and emails.

But what is considered legal in the act of GPS tracking?

State laws related to GPS tracking differ from one state to another and between vehicle tracking and employee tracking.

GPS for Vehicle Tracking

Before a manager decides to track employees, they should consider their state GPS tracking laws.

The Illinois statute enacted in 2014, for instance, makes it a criminal misdemeanor to use GPS tracking without the vehicle owner’s consent unless law enforcement agencies are using this technology.

An employer does not violate federal law by tracking the location of a company-owned vehicle used by its employee once they consent to it.

However, an employee has the right to refuse the installation of a GPS tracking device on their vehicle.

California, Connecticut, Delaware, and Texas, other states also have laws specifically for GPS tracking.

GPS Smartphone Tracking

Employers have a right to monitor all activity carried out on company-owned devices. If an employee uses work phones and laptops, you can track them via GPS or IP address.

It’s essential to mention that tracking employees through company devices should be done during business hours to avoid privacy violations.

When it comes to installing a GPS tracking app on a personal device, employers must get consent before they can start tracking employees.

If you decide to allow personally owned devices to be used for work, you’ll want a Bring-Your-Own-Device (BYOD) policy.

By implementing such a policy, you can define what equipment will and won’t qualify as compliant with the organization’s IT policies—and how this new technology can enhance productivity while protecting sensitive data on employees’ gadgets.

A construction business owner or manager should be aware of the implications involved in using GPS tracking devices on vehicles or employees.

Before developing a GPS tracking policy, it’s crucial to check state and federal laws.

GPS Tracking Best Practices

Now that you know the legalities involved in employee GPS tracking, it’s time to consider some best practices to ensure privacy and trust in the workplace.

1. Fully Understand the Law

The first step is to ensure that you understand your state’s GPS tracking law.

You should also consult with an attorney to ensure that your practices are compliant. Laws for vehicle tracking are different from smartphone tracking, so ensure proper understanding of the rules.

It is generally legal to track an employee using the company’s device or vehicle, but it can be tricky if they have a GPS tracker on their own item.

The case law and statutes show that tracking employees by their own device might be permissible, but it’s essential to be transparent and clear about your intentions.

2. Create a GPS Tracking Policy

While verbal explanations are needed, you should also consider getting everything on paper. So ensure sure you have a written policy that outlines:

It’s also important to mention the consequences if a worker disables this technology without permission.

Be clear about these policies in advance, so everyone knows exactly where they stand- technically by acknowledging receipt and legally.

3. Get Consent from Your Employees

If you want to track your employees’ devices, you must get their consent first.

You can do this by providing them with a written notice explaining your tracking policy. Ensure that your employees understand the statement and sign it to show that they consent to the tracking.

You can also organize a meeting with your staff to clear any doubts and respond to their queries.

4. Use GPS for Your Business Needs

Monitoring employees is an essential part of managing job site tasks. But employees might feel their privacy has been violated.

So it’s crucial managers do not overstep their legal monitoring limits and keep tracking employees within work hours. Once workers clock out, it’s important to respect their privacy.

5. Guarantee Security of Employee Data 

Store employee data in a secure location and only accessible to authorized personnel.

You can protect your data by using strong passwords, encrypting your files, and creating backup copies.

Make sure that you have up-to-date antivirus software to protect your devices from malware.

Use a GPS Tracking System and Monitor Employees Responsibly

There are a number of things to consider when implementing GPS tracking into your business.

By understanding state laws, creating a policy, getting consent from employees, and ensuring data security, you can use GPS tracking in a responsible way that benefits both your business and your employees.  

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