We Know Where You Are

“I have employees in the field who have company cell phones with GPS tracking. This so great because I can log in at any time and see where they are and how long they’ve been there. However, one of my employees, Tarzan, has removed the GPS tracking device. Can I fire him for that?”

My HR Survival Tip

GPSTracking employee movement through GPS is a great tool but it is also becoming the topic of lawsuits lately. While you can fire Tarzan for altering company property, you should first look at the bigger picture.

In California particularly, more and more privacy laws are being enacted and you may be viewed as stomping on Tarzan’s privacy… especially during his non-working hours. I’ve seen how the GPS programs can show real time movements of the employee, the route, and length of time at each stop. Does your particular software have a way to shut down when Tarzan stops working for the day? If you can see what Tarzan is doing during his non-working hours, you may have legal issues.

This is further complicated by new laws related to minimum wage and trying to pay employees correctly. Several California cities have different minimum wages for the time spent in that locality and the City of San Diego will be considering a new minimum wage on the 2016 ballot. If Tarzan is an hourly technician, you’ll need to know when he is within the city limits and for how long to ensure you’re paying the correct wage as he motors around the county. This situation is perfect for GPS tracking… until the privacy laws overlap.

Review your policies about leaving company phones on after hours and general use of that phone, plus review the GPS application’s capabilities. If shutting the GPS off during non-working hours is possible or your policy allows employees to turn the phone off when not working, then your policy can easily indicate disciplinary action for altering company equipment. You may have fewer options otherwise.

Tracking employee movement during working hours seems to be in our future. Now is the time to develop a policy that fits your business needs while being respectful of your employee’s privacy.

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