Do you know where your employees’ vehicles are? Maybe you shouldn’t. In a recent blog post, Karla Grossenbacher of Seyfarth Shaw writes that the case law is unsettled on whether it’s an invasion of privacy to track an employee’s vehicle using GPS devices.
Grossenbacher notes two cases—one in Missouri and one in Texas—where employers were permitted to attach GPS systems to company-owned vehicles. “The balance between the employer’s interest in rooting out misconduct and the employee’s individual privacy rights shifts, however, when an employee’s personal vehicle is at issue—even if it is used for work purposes,” warns Grossenbacher. The New York Court of Appeals held in 2013 that the installation of a GPS device on an employee’s personal vehicle constituted an unreasonable search.
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