Legal Considerations Of Employee GPS Tracking in 2026

Understanding the rights of business owners and employees when it comes to GPS tracking

If you are a business owner considering the use of GPS tracking devices to help you manage remote employees, it’s important to understand your rights and the rights of your workers before you get started. As an employer, you are legally allowed to make sure that your employees are where they say they are while they are on the clock. However, it is also important for you to be aware of the potential legalities involved in some kinds of employee monitoring.

Employee GPS tracking apps are essential tools for enhancing workplace transparency and productivity. They optimize operations and improve employee visibility, especially in field service management.

Knowing Your Rights as the Boss

Laws on employee monitoring vary from state to state, so start with the rules in every state where your business and your drivers operate. No single federal law requires notice before you track a vehicle or device your company owns. Most state rules fall into two groups: criminal laws that make it illegal to put a tracking device on a vehicle without the owner’s consent, and notice laws that require employers to tell employees about electronic monitoring. Tracking a vehicle your business owns or leases is generally allowed under the first group. Tracking an employee’s personal car or phone is where consent becomes essential.

GPS and geofencing technology can be used to track employee location data in real-time, allowing employers to monitor where employees are working, confirm their location for efficiency, and view a live map of their team’s locations, which aids in task routing and auditing.

State Laws to Know in 2026

Here is where the most relevant state laws stand as of October 2026:

• California. Penal Code §637.7 makes it a misdemeanor to use an electronic tracking device to determine a person’s location, unless the vehicle’s registered owner, lessor or lessee consents. The California Consumer Privacy Act (CCPA) also covers employee data for businesses that meet its thresholds. It treats precise geolocation as sensitive personal information and requires notice at or before collection. CCPA regulations that took effect January 1, 2026 add risk assessment duties for some kinds of employee monitoring, including location tracking and geofencing. And AB 1331, signed in fall 2026 and effective January 1, 2027, bars employers from using workplace surveillance tools, including geolocation, to monitor employees in workplace bathrooms.
• Connecticut. General Statutes §31-48d requires prior written notice of the types of electronic monitoring an employer uses, posted in a conspicuous place. An amendment that took effect October 1, 2026 (Public Act 26-73) requires the notice to list the specific workplace locations where monitoring may occur and adds a plain-language written notice for new hires. Penalties run from $500 to $3,000 per offense.
• New York. Civil Rights Law §52-c requires written notice at hire, an employee acknowledgment and a posted notice before monitoring phone, email or internet use. GPS isn’t named in the law, but covering location tracking in the same notice keeps your policy in one place.
• Delaware. 19 Del. C. §705 requires notice before monitoring phone, email or internet use. It does not name GPS.
• Maine. A new law that took effect July 29, 2026 requires notice before electronic surveillance begins, notice to applicants during interviews and written notice to current employees at least once a year. It excludes GPS tracking on company-owned vehicles operated by employees, and it lets employees refuse to install monitoring apps on their personal devices. Fines run from $100 to $500 per violation.
• Illinois, Texas, Florida and Virginia. These states, among others, restrict placing a tracking device on a vehicle without the owner’s consent, with exceptions for owners and, in some states, for business fleets.

At the federal level, the National Labor Relations Board withdrew its 2022 guidance on electronic monitoring of employees in early 2025. The National Labor Relations Act still protects employees who discuss pay and working conditions, so tracking data should never be used to watch union or other protected activity.

This summary is general information, not legal advice. Laws change, so confirm your policy with an employment attorney in each state where you operate.

BrickHouse GPS does not condone covert or illegal tracking. The tracking most likely to cause legal trouble is tracking employees didn’t know about, or tracking that follows them into their personal time.

In order to protect yourself from unwanted legal action, we recommend that you familiarize yourself with GPS tracking laws, especially those in your state, to ensure that the tracking methods you choose to use operate within the legal parameters set by your state. It is crucial to obtain permission when tracking an employee’s location, particularly when using personal devices. Consulting with a local lawyer is often helpful as they can provide more information about laws in your area and insight into the kinds of actions that may lead to lawsuits from employees.

---

General Principles to Consider When it Comes to Employee GPS Tracking Apps

Why do employers consider GPS tracking in the first place? Often, it’s because they’re concerned about the whereabouts of their expensive assets, such as company vehicles and equipment, as well as the efficiency of their employees’ movements in the field. After all, the term “time is money” is accurate to service-based companies as travel time inefficiencies can cause the loss of customers and profit. Because most states place few legal restrictions on employers who wish to track their employees’ movements while using equipment the company owns, many look to GPS tracking as a way to ensure efficiency.

Additionally, creating employee schedules using specific scheduling software can provide clear visibility of employee capacity and overtime, optimizing the scheduling process.

Some of the benefits employers enjoy when using GPS tracking devices on their assets include:

• Knowledge of the location of vehicles, equipment, and by extension, employees, which is crucial for accurate reporting and compliance
• Ensuring that employees are clocking in and out on time
• Monitoring the location of remote or traveling employees to determine where they are at different times of the day
• Management of correct mileage reporting and authorized or unauthorized detours

Some employees fear GPS tracking because they are afraid of having their actions scrutinized, but the truth is that most employers utilize GPS tracking devices to optimize efficiency, plan routes, ensure customer satisfaction, and have peace of mind about the whereabouts of their important assets. Live location tracking, in particular, provides real-time insights into employee locations, enhancing task management and improving overall operational efficiency.

Geofences are a useful tool for this. A “geofence” is a border around a specific area on the map, usually the area where the employee is expected to be, and the employer will be notified if the employee drives outside of that area for any reason. This allows employers to identify whether their employees are leaving geofenced areas to find better routes, take care of personal errands, etc. Naturally, the employer shouldn’t automatically assume that their employee is doing something inappropriate, but the information can lead to conversations with employees and give employers the opportunity to understand employees’ needs.

---

What Employees Need to Know About Employee Location Data

If you are considering employing the use of GPS trackers in your business, it is important for you to listen carefully to the concerns that your employees have about being tracked and make an effort to understand their expectations. When it comes to selecting how and when to monitor your employees, whether you are tracking their location or performance, there are some basic things you should consider:

Tracking an employee’s real-time location is crucial for productivity and accuracy in payroll management.

• What do your employees regard as their reasonable expectation of privacy in the workplace?
• Who is the legal owner of the device or vehicle you want to track?
• Is the equipment being used or authorized to be used only during work hours or is the employee allowed discretionary or personal use?
• What information have you provided to your employees about privacy, tracking, monitoring, etc., including the use of mobile devices for tracking employee clock-ins and clock-outs?

While many employees often expect certain kinds of monitoring from their employers, such as tracked internet usage on a company computer, they may not expect other more invasive types of monitoring, like their company phone to be reporting their location back to their boss, during or even after hours.

This can often feel like a violation of an employee’s right to privacy, and employees who seek legal action in GPS tracking cases often begin the process because of this feeling. Because the issue of tracking employees via GPS trackers can be such a controversial legal issue, it is important for business owners and managers to know where they stand, legally and ethically, on the issue.

---

Ethical Use of GPS Tracking in Business

 

While it may be legally acceptable to track employees in your state, an employer is faced with the question of whether it is morally acceptable to do so. The best way to protect yourself from legal trouble is to make sure that your employees have a clear understanding of what you’re doing to monitor them, and that they feel safe expressing their concerns about the subject.

Enabling live location tracking can significantly enhance workforce management by allowing employers to monitor the real-time locations and routes of their employees. This capability is particularly beneficial for businesses with field or remote workers, providing a comprehensive overview of employee activities whether accessed via mobile or desktop.

Some tips for ensuring that you’re protected are:

• Define your company’s privacy policy in clear terms so that employees are not taken by surprise. Understand your employee’s reasonable expectations of privacy as these may help guide your actions in that area.
• Be clear with employees about your intentions with their data if they are aware that you are tracking them, in order to help eliminate suspicions, frustrations, and fears that your employees may have.
• Give your employees a safe place to express their concerns so that you can be aware of potentially worrisome situations and avoid possible “whistleblowing” events.
• Limit information gathered to the bare minimum of what is required, such as keeping tabs on company equipment and verifying details of house calls, etc.
• Disable tracking after business hours, if possible, to allow your employees privacy off the clock.
• Ensure that your tracking functionalities work even without an internet connection. This allows employees to clock in and out without being reliant on connectivity, with automatic data synchronization once connectivity is restored.

It can be helpful to make your intentions clear to your employees, emphasizing that your reasons for using GPS tracking is to improve efficiency rather than to monitor individual employee performance. While you may still choose to discipline employees who make unauthorized stops, keep dishonest time records, or engage in risky behavior with your company’s assets, honest employees will be deterred from that kind of behavior when they know you’re watching.

As an employer, there will always be some risks involved with monitoring employees, but if handled in an appropriate manner, it is possible to create a relationship of trust within your team. Employers often find that when GPS tracking is done in a responsible and healthy way, with open communication between employers and employees, the endeavour can be successful.

---

Frequently asked questions