GPS Tracking in the US: Legal Breakdown by State

Are you worried about introducing GPS tracking at your company and how your employees might react? 

Fear not! We’ve got you covered. 💪

We bring you some federal GPS tracking laws to help you waive any uncertainty and remain compliant. 

*This article is the abridged, adapted version of the blog post originally published at the Clockify blog: https://clockify.me/learn/business-management/us-gps-tracking-laws 

California 

In California, it’s legal to track your employees’ location if you’ve obtained their consent.

This is outlined in the Penal Code Section 637.7 which prohibits using an electronic tracking device without the consent of the person being tracked. 

To be more precise, an electronic tracking device is defined as any device attached to a vehicle or other movable object that reveals its location. 🚙📱

New York

New York employers, you shouldn’t worry about facing charges for illegal use of GPS trackers — if you have your employees’ consent. 

In fact, 📜NY Penal L 120.45 states that it’s prohibited to track someone using a GPS tracking device without their written permission. 

Washington 

Did you forget to ask for consent from your Washington-based employees before tracking their location?

If you tracked their location on company-owned devices, you don’t have to worry — it’s legal.  

Plus, according to House Bill 1696, you don’t even need consent for tracking on company-owned devices.

However, it’s illegal to install or monitor an electronic tracking device on private devices such as a cell phone or a vehicle without consent. 

Florida

Florida lets you legally track your employees with GPS.

This comes as an exception to Florida Title 934.425, which states that employers acting in good faith on behalf of a business don’t need consent from employees.

The same regulation defines tracking as determining the location or movement of an individual. In your case — the employees’ location or movement. 🚶➡️

Illinois

Are you a business owner in Illinois? As per Statute 720 ILCS 5/21-2.5, you can use GPS tracking on company-owned vehicles to track your employees’ location. 

Still, since no law mentions phone apps specifically, it’s better to have the employees’ consent even if you’re using company-owned cell phones. 🤓

States with no GPS tracking laws 

Here’s a list of states that haven’t yet introduced any laws regarding GPS tracking: 

• Georgia,
• Mississippi,
• Missouri,
• Montana,
• Nebraska,
• Ohio, and
• West Virginia.

We consulted lawyer Ladislav Beganyui to determine what employers should do if they live in one of these states. He typically advises employers to get consent even if there are no laws requiring this: 

“Where there are no laws specifically regulating GPS tracking, employers still need to exercise caution. I typically advise clients to get express written consent from employees before implementing any GPS tracking system.”

GPS tracking checklist

Before you start tracking your employees’ location, we suggest that you check a few things to make sure you aren’t forgetting anything. 

So, bear in mind the following:

• GPS tracking law of the state in which you operate your business,
• Ownership of the vehicle or cell phone — The law may differ depending on if they’re company-owned or private, and
• Written consent — Regardless of the state, written consent means you’re compliant with the law.

GPS tracking can only bring benefits to your company if you remain compliant with the law. 

Simplify the GPS tracking process with powerful software

In most states, using GPS for tracking purposes is legal as long as you have employees’ consent. 

Now, all you have to do is find an easy-to-use, straightforward GPS tracking software.

Our award-winning Clockify takes the spotlight here.

With Clockify, employees can easily clock in via apps on their cell phones. The software will store the locations for 7 days for you to analyze and then delete.

Finally, stop playing a guessing game about whether your on-the-field workers arrived at their location. 

Try out Clockify today