Stay Compliant: Employee GPS Tracking Laws by State
Disclaimer: We've done our best to provide you with accurate and up-to-date information on GPS tracking laws. But, laws can change. It's always a good idea to consult with a legal professional if you have specific questions about your situation. We're not liable for any actions you take based on the information provided in this article.
Wondering if it’s legal to track your employees’ location with GPS?
The answer isn't as simple as yes or no. While federal laws offer some guidance, state-specific regulations play a crucial role in determining what's permissible.
For example, in California, you must get explicit consent from your employees before tracking their location, even if they’re using company-owned vehicles. But, in states like Georgia, there are no specific laws regarding GPS tracking.
Navigating these varied regulations can be challenging for businesses operating in multiple states or managing remote workforces.
We’ll break down the rules for all 50 states so you can make informed decisions and avoid legal trouble.
GPS tracking laws by state breakdown
Individual states within the U.S. may have different GPS tracking laws. We have listed state specific GPS tracking laws below, as well as any legal rules employers must follow when monitoring employees.
1. Alabama
Alabama law doesn't explicitly address or prohibit GPS tracking of employees.
However, general principles of privacy and electronic surveillance in Alabama law suggest that GPS tracking should not infringe on an individual’s reasonable expectation of privacy.
GPS tracking on company property or in public spaces is generally allowed. Avoid tracking employees in private places, as it could be considered a criminal offense under Alabama Code § 13A-11-32.
2. Alaska
While no laws specifically prohibit tracking employees with GPS technology, obtaining employees’ written consent is necessary to avoid potential legal repercussions.
GPS tracking or monitoring of a person without their consent can be considered stalking in the second degree under Alaska Statute § 11.41.270(b)(4)(H), especially if it causes an individual to reasonably experience fear for their safety.
3. Arizona
Arizona allows employers to track employees with GPS technology, but tracking must be performed for a legitimate business purpose, such as tracking company vehicles or ensuring employee safety.
Using GPS technology to track a person for 12 hours or more, or on two or more occasions, without their consent can be considered stalking under Arizona Revised Statutes §13-2923.
4. Arkansas
Arkansas has no state laws that explicitly prohibit or limit GPS tracking in the workplace.
However, state agencies using GPS on state-owned vehicles must adhere to specific record-keeping and disclosure rules outlined in § 22-8-105.
5. California
When it comes to tracking employees, California has some of the nation’s most robust privacy laws. California’s Penal Code Section 637.7 makes it explicitly illegal to monitor the movements of any person without their explicit consent.
Notifying employees about GPS tracking and obtaining their written consent is not just advisable but legally mandated in California. This holds true even when tracking company-owned vehicles.
Effective as of January 1, 2023, Assembly Bill 984 (AB-984), places additional restrictions on employers’ use of tracking devices, even after having obtained employee consent.
This law states that employee monitoring is only permissible during work hours and must be “strictly necessary for the performance of the employee’s duties.”
To learn more, read our in-depth article on California’s GPS tracking laws and download a free consent form that can be customized to meet your business needs.
6. Colorado
There are no specific laws in Colorado that address GPS tracking. Companies can generally track their workers using GPS technology for legitimate business purposes.
However, employers must be aware of Colorado’s “Vonnie's Law” (C.R.S. 18-3-602) which makes it illegal to follow or monitor someone in a manner that would harass or cause emotional distress.
7. Connecticut
When it comes to GPS tracking, employers in Connecticut must adhere to the Electronic Monitoring Act .
This act requires employers to provide employees with written notice about any form of electronic surveillance conducted in the workplace, including GPS tracking.
The company notice should be clear and concise, explaining the purpose of GPS tracking, the types of data that may be collected (ex: location, movement, driving routes, and driving speed), and how this information may be used.
Under Public Act 21-56, it’s illegal to use GPS tracking to cause someone to fear for their safety. Avoid using GPS tracking in a way that your employees could perceive as intrusive or may cause them to feel overly monitored or harassed.
8. Delaware
While Delaware lacks specific laws addressing GPS tracking in the workplace, the state’s Violation of Privacy Law places significant emphasis on individual privacy.
Under this law, installing a GPS tracker on any vehicle or monitoring an employee without consent is prohibited.
Avoid using GPS tracking in ways that might cause employees to feel unduly monitored or harassed, as your company could potentially violate anti-stalking laws.
9. Florida
Florida’s GPS tracking laws and regulations state that employers can use GPS tracking for legitimate business reasons. This includes tracking company-owned vehicles and devices without needing explicit employee consent.
However, obtaining employee consent is mandatory when personally owned vehicles or devices will be tracked.
10. Georgia
Georgia has no specific state laws that prohibit or limit the use of GPS tracking in the workplace.
11. Hawaii
The Hawaii Revised Statutes, specifically Sections 803-41 and 803-42, prohibit the intentional use of mobile tracking devices without the explicit consent of the person being tracked.
Tracking any employee-owned or company-owned vehicle requires you to obtain consent to legally monitor employee whereabouts.
12. Idaho
Idaho lacks specific laws directly addressing GPS tracking in the workplace.
While not directly related to GPS tracking, Idaho Code 18-6702 makes it illegal to intercept wire, oral or electronic communications without proper authorization.
Employers should ensure that GPS tracking activities do not violate these privacy protections.
13. Illinois
Statute 720 ILCS 5/21 explicitly permits employers to track employees operating company-owned vehicles without their consent.
Even though consent is not required, employers must inform employees of the GPS tracking device and explain what data it is tracking.
Companies can use electronic tracking devices in their fleet vehicles, but they must be the registered owner of the GPS devices to stay compliant with legal regulations.
However, employee consent is required for employers to track employee-owned vehicles during the workday.
Violating GPS tracking laws in Illinois can result in a Class A misdemeanor.
14. Indiana
Indiana’s legal landscape regarding GPS tracking recently underwent a significant change.
With the passage of Senate Bill 83 in 2023, it is now explicitly illegal to track a person or their property with a GPS device without their consent, as per Indiana Code 35-46-8.5-1.
As long as consent is obtained prior to GPS tracking, you are legally allowed to monitor employees.
15. Iowa
Employers in Iowa are generally allowed to track their employees through GPS technology, as long as the reason for tracking is considered a legitimate purpose under Iowa Code 708.11A.
However, placing a GPS tracker on another person or their belongings without their consent is illegal.
16. Kansas
While Kansas Statute 21-5427 defines using electronic devices to locate someone as potential stalking behavior, businesses are generally allowed to use GPS tracking for legitimate business purposes.
As a business owner in Kansas, you can use electronic tracking systems to monitor your employees' locations and movement during work hours.
17. Kentucky
Kentucky's law on GPS tracking, Ky. Rev. Stat. § 508.152, primarily focuses on preventing unauthorized monitoring of motor vehicles. It is a Class A misdemeanor to install or use a tracking device on a vehicle without the consent of the owner or authorized operator (or lessee in the case of a leased vehicle).
While Kentucky doesn't have specific laws addressing GPS tracking of employees using mobile devices or company-owned vehicles, general principles of consent and privacy still apply.
18. Louisiana
In Louisiana, tracking employee location is strictly regulated to protect individual privacy. According to LA Rev Stat 14:323, tracking a person without consent is illegal.
Employers must obtain explicit permission from their employees before using any form of GPS tracking to monitor their movements.
However, there’s a significant exception to this rule. Employers can track employees that are using cellular work phones, even without their explicit consent.
19. Maine
Maine does not have specific laws that prohibit or regulate tracking employees via GPS technology. Employers are generally allowed to use GPS tracking for business purposes, including tracking devices provided to employees for work-related activities.
However, Maine’s anti-stalking law prohibits using GPS tracking to cause emotional distress or fear of injury. Employers must ensure their tracking practices don’t cross this line.
20. Maryland
Maryland law generally allows GPS tracking for legitimate business purposes, including employer tracking of devices provided to employees for work.
However, tracking someone without their consent is prohibited under Maryland’s anti-stalking law (Md Code, Crim. Law 3-802).
Violating these laws can result in fines of up to $5,000, 5 years in prison, or both.
21. Massachusetts
Massachusetts doesn’t have specific laws directly regulating GPS tracking in the workplace.
However, using electronic communication, including location data, is illegal if it causes substantial emotional distress to a person. Employers must ensure their GPS tracking practices do not lead to such distress for employees.
Note: A pending bill would make it illegal to track vehicles without the owner's consent. This could potentially impact employer practices in the future.
22. Michigan
Under Michigan's Penal Code Section 750.539l, installing a GPS tracking device on a motor vehicle without the owner or lessee’s consent is illegal. Obtaining prior consent is required to track personally owned vehicles.
However, the law doesn’t restrict GPS tracking on company-owned vehicles, suggesting obtaining employee consent is not required.
23. Minnesota
Minnesota Statute 626A.35 allows GPS tracking only with the explicit permission of the person being tracked.
Rules regarding consent also apply to mobile tracking devices and GPS devices placed in motor vehicles.
Navigation devices that assist drivers may be permitted without explicit consent in company-owned vehicles as long as they serve a legitimate business purpose.
24. Mississippi
Mississippi law doesn't directly address tracking employees through GPS technology. However, employers must be cautious and ensure their tracking practices align with the state's anti-stalking law (Mississippi Code § 97-3-107).
GPS tracking is generally permissible for legitimate business reasons, such as monitoring company vehicles or ensuring employee safety.
It's illegal to use GPS tracking for purposes that would cause reasonable fear or distress to an individual.
25. Missouri
Missouri law generally allows employers to track company-owned vehicles by using GPS technology without obtaining employee consent. This is based on the understanding that businesses have a reasonable interest in monitoring their fleets for efficiency and safety.
However, it’s highly recommended to inform employees about any tracking that will take place and obtain their consent.
Tracking employee-owned vehicles or personal devices requires explicit consent.
Missouri law 455.095 prohibits installing an electronic tracking device on a vehicle without the owner’s consent, except in cases of legal guardianship or similar situations.
26. Montana
Montana doesn’t have specific state laws that prohibit or limit GPS tracking by private individuals or businesses.
27. Nebraska
Nebraska has no state laws prohibiting or limiting GPS tracking by private individuals or businesses.
The only reference to GPS tracking in Nebraska law is found in Statute 86-2,103, which outlines the process for law enforcement to obtain a warrant for installing a tracking device.
28. Nevada
In May 2023, Nevada significantly strengthened its privacy laws regarding GPS tracking with the passage of Assembly Bill 356 (AB356).
It is now illegal to track a person without receiving their explicit consent through electronic means. This law applies to all forms of electronic tracking, including the use of GPS devices in vehicles, even if those vehicles are company-owned.
Employers must obtain clear and informed consent from their employees before implementing any GPS tracking measures.
GPS tracking remains permissible for legitimate business purposes, such as monitoring company vehicles for efficiency, ensuring employee safety, or tracking deliveries.
Violating state regulations can lead to severe consequences, ranging from a misdemeanor to a Class C felony.
29. New Hampshire
In New Hampshire, the use of GPS tracking devices is regulated under statute 644-A:4, which prohibits placing an electronic tracker on someone or their property without their consent.
This law was enacted in 2015 and applies to both individuals and businesses.
While there’s no explicit prohibition on tracking company vehicles, it’s recommended to inform employees about the practice.
Employers must seek permission before adding GPS trackers to employee-owned vehicles used for work purposes.
Additionally, government entities need warrants to perform GPS tracking.
30. New Jersey
As of April 18, 2022, New Jersey law NJ Stat 34:6B-22, requires employers to provide written notice to employees before using a “tracking device” in a vehicle used by an employee. A “tracking device” is any electronic or mechanical device whose sole purpose is tracking the movement of a vehicle, person, or device.
This law applies to both company-owned and personal vehicles used for work purposes. The notice should clearly state that the vehicle may be tracked and explain the purpose of the tracking.
The law doesn’t apply to certain entities like the Department of Corrections, State Parole Board, or public transportation systems.
Non-compliance can result in civil penalties of up to $2,500.
31. New Mexico
New Mexico doesn’t have specific laws directly regulating GPS tracking in the workplace.
However, the state’s anti-stalking law, 30-3A-3, prohibits using any device to monitor or surveil a person without their consent if it causes them reasonable fear of harm, death, or confinement.
32. New York
New York law allows employers to use GPS tracking for legitimate business purposes. Tracking company-owned vehicles is generally permissible without explicit consent. However, employers must obtain employee consent before tracking personal vehicles used for work.
However, as of May 7, 2022, New York’s employee monitoring law requires private employers to provide written notice to employees about any electronic monitoring, including GPS tracking.
This notice should be given upon hiring and posted where all employees can see it.
Employers who violate these regulations can face civil penalties and using GPS tracking in a way that causes fear or intimidation can violate New York's anti-stalking laws.
33. North Carolina
North Carolina’s cyberstalking law prohibits GPS tracking of individuals without first obtaining their consent. Cyberstalking law prohibits GPS tracking without consent, but exceptions exist for business use and fleet vehicles.
Employers can install GPS devices on company-owned vehicles without acquiring explicit employee consent under the "fleet vehicle" exception.
Informing employees about tracking practices fosters trust and transparency. It's also a good idea to obtain prior consent to track personal vehicles used for work or other employee-owned devices.
34. North Dakota
North Dakota does not have specific laws directly addressing tracking employees through GPS technology.
GPS tracking is generally permissible for legitimate business reasons, such as monitoring company vehicles or ensuring employee safety.
However, employers must ensure their tracking practices don’t violate the state's anti-stalking law. N.D. Cent. Code § 12.1-17-07.1 prohibits using GPS or other tracking devices to monitor someone’s movements without their consent if it would cause a person to feel frightened, intimidated, or harassed.
35. Ohio
Ohio currently lacks specific laws directly addressing employer use of GPS tracking devices.
However, the state’s Revised Code Section 2903.211 prohibits conduct that causes someone to believe they will be harmed, including through electronic means.
36. Oklahoma
Tracking someone without their consent can be considered stalking under Oklahoma law. Employers in Oklahoma must obtain employee consent before using GPS tracking, even on company-owned vehicles or devices.
The law provides exceptions for law enforcement and motor carriers in specific circumstances.
37. Oregon
Oregon Revised Statutes (ORS) 163.715 makes it illegal to affix a GPS tracking device to a vehicle without the owner’s consent.
The law provides exceptions for law enforcement and motor carriers in specific circumstances.
38. Pennsylvania
Pennsylvania law, under Title 18 Section 5761, explicitly prohibits installing or using a GPS tracking device on a phone or motor vehicle without the owner’s consent.
While this law primarily focuses on law enforcement’s use of tracking devices, its implications also extend to employers.
39. Rhode Island
Rhode Island law generally prohibits the use of electronic tracking devices in or on a motor vehicle without the consent of the operator and all occupants.
It's an offense to install or use a tracking device in a vehicle without the consent of everyone inside unless an exception applies.
Exceptions to this law apply to: law enforcement, parents tracking minor children, tracking stolen goods, vehicle theft recovery devices, and specific uses by car dealers, manufacturers, and insurance companies.
Businesses are allowed to track their own or leased vehicles driven by employees without needing additional consent.
40. South Carolina
While South Carolina currently has no explicit laws regarding GPS tracking of employees, there are general privacy laws that could apply.
In 2019, a bill was introduced that proposed making it illegal to install or use a tracking device on a motor vehicle without the owner's or lessee’s knowledge and consent. However, this bill has not yet been signed into law.
If enacted, the law would require employers to obtain employee consent before installing or using GPS tracking devices on any vehicles, including company-owned cars.
41. South Dakota
South Dakota doesn't have specific laws that regulate how people or businesses use GPS-tracking devices.
The only reference to GPS tracking is found in South Dakota Codified Laws 23A-35-4.3, which states that law enforcement officials need a warrant issued by a magistrate to use a GPS tracking device.
42. Tennessee
Tennessee Code Ann. 39-13-606 regulates the usage of GPS tracking devices in Tennessee.
It's illegal to install or place a GPS tracking device on personally owned or leased vehicles without the consent of all owners.
Employers can freely track company-owned vehicles without needing additional consent from employees. If you need to track employee-owned vehicles or other personal devices, make sure you obtain their explicit consent beforehand.
43. Texas
Texas Penal Code Section 16.06 makes it illegal to knowingly install an electronic or mechanical tracking device on a motor vehicle owned or leased by another person without their consent. This law applies to both employers and individuals.
Exceptions to this law apply in the case of law enforcement officers or private investigators who are acting on an issued court order or who have obtained prior legal consent.
Violating these provisions is a Class A misdemeanor, which can carry penalties including fines and potential jail time.
44. Utah
Utah Code § 76-9-408 makes it unlawful to install a tracking device on a vehicle owned or leased by another person without their permission.
Employers in Utah must obtain employee consent before installing GPS trackers on employee-owned vehicles.
45. Vermont
Vermont doesn’t have specific laws directly addressing GPS tracking of employees by private businesses. However, Vermont prioritizes individual privacy through its anti-stalking law and Electronic Communication Privacy Act.
Monitoring or tracking an individual in a way that causes fear or harm is prohibited and employers must ensure their GPS tracking practices don’t infringe on an individual’s right to privacy or safety.
Law enforcement generally needs a search warrant to access GPS data collected by private entities, reflecting the state’s emphasis on privacy protection.
46. Virginia
Under Code 18.2-60.5, Virginia law makes it illegal to track a person, object, or vehicle using a GPS tracking device without their consent, specifically if done through "intentional deception."
This means employers in Virginia must be upfront and honest about their tracking practices.
The law provides exceptions for law enforcement officers, parents or guardians of minors, caregivers of vulnerable adults, owners of fleet vehicles, and registered private investigators.
These exceptions acknowledge legitimate uses of GPS tracking while still emphasizing the need for consent in most situations.
47. Washington
Washington State law allows GPS tracking of employees. However, GPS tracking is prohibited if doing so would cause an individual to experience reasonable fear of harm, substantial emotional distress, or fear of injury to themselves or their property.
48. West Virginia
West Virginia Code 61-3-50 makes using GPS devices to discover another person’s whereabouts illegal without their consent.
This applies to both individuals and businesses, including employers tracking their employees.
49. Wisconsin
Wisconsin Statute 940.315 regulates the use of GPS-tracking devices, protecting individual privacy while allowing businesses to track their assets.
Under Wisconsin law, tracking a person’s movements or placing a GPS device on a vehicle without the owner's consent is illegal. This applies even if the tracking is done for business purposes.
50. Wyoming
Wyoming does not have specific laws directly addressing GPS tracking of employees.
Still, employers must be aware of the state’s anti-stalking law, which prohibits using electronic devices, including GPS technology, to track someone without authorization if it would cause emotional distress or fear.
GPS tracking laws by state: Best practices for employers
Understanding state GPS tracking laws is just the first step in leveraging GPS tracking for your business. To build trust with your employees and remain compliant with tracking laws, follow these best practices:
1. Develop a clear policy
- Clearly outline the reasons for tracking, such as improving safety or increasing efficiency.
- Define the types of data that will be collected, including location, speed, and time.
- Specify how the collected data will be used and shared within the organization.
- Clearly state who will have access to the data and under what circumstances.
2. Educate employees
- Communicate the policy to all employees, ensuring they understand its implications.
- Provide training to address any questions or concerns and clarify the benefits of tracking.
- Obtain written acknowledgment from employees that they have read and understood the policy.
- Thoroughly educating your employees is the right way to avoid potential employee pushback.
3. Obtain consent (when applicable):
- If tracking personal devices, obtain written consent from employees.
- Explain the reasons for tracking and how it will benefit both the employee and the company.
- Address any privacy concerns and be open to discussion.
4. Prioritize data privacy
- Implement strong security measures to protect collected data from unauthorized access or security breaches.
- Restrict access to GPS data to authorized personnel only.
- Establish a clear policy for how long GPS data will be retained and ensure it’s disposed of securely when no longer needed.
5. Set limits on tracking
- Avoid tracking employees outside of work hours or when they are not performing work-related duties.
- Use collected data only for the purposes outlined in the policy, not for disciplinary actions or unrelated decisions.
- Respect employee privacy and avoid overly intrusive or unnecessary tracking practices.
6. Ensure legal compliance
- Familiarize yourself with both state and federal laws governing GPS tracking and employee privacy.
- Stay up-to-date on any changes to relevant laws and adjust your tracking practices accordingly.
- Seek legal advice if you have questions or concerns about compliance.
How can I track my employees’ locations?
As an employer in the United States, you’re generally within your rights to track employee whereabouts during work hours.
Still, it’s important that any tracking practices you implement in the workplace are conducted in a responsible and transparent manner. Make sure your tracking measures allow you to adhere to legal regulations and respect employee privacy.
Successful GPS tracking solutions are a win-win for employers and employees. The best GPS tracking apps increase work efficiency, enhance employee safety, and encourage legal compliance, all while building employee trust .
GPS tracking software
GPS tracking apps offer a solution that can benefit both employers and employees. By transforming personal or company-issued smartphones into powerful tracking devices, these apps provide real-time location data and valuable insights into employee activities.
With additional tracking tools such as geofencing technology, you can create virtual boundaries around work zones, holding employees accountable for their time and travel.
GPS tracking software is a cost-effective and convenient solution that seamlessly integrates with other workforce management tools.
Other tracking options
While GPS tracking apps are a convenient solution, other options may be more suitable for your specific business needs:
- GPS tracking devices: Small, portable, and durable, these devices are perfect for employees working without cell service. However, they require additional hardware and may be less convenient for employees.
- Fleet management systems: If you want to track your fleet, these systems let you keep tabs on their every move, giving you insights into driver behavior and fuel efficiency.
To further explore the pros and cons of each method, check out our article GPS tracking devices vs GPS tracking apps.
How to choose a reliable GPS tracking app for mobile workers
Once you have reviewed GPS tracking options, it's time to select the right app for your mobile workforce. We've conducted in-depth testing of the best GPS tracking apps to help you make an informed decision.
Why is Timeero the top choice?
Timeero’s advanced GPS tracking features make it possible to locate your employees in real-time,even in areas without cellular signal. Companies that use Timeero’s GPS capabilities and increase in employee productivity and accountability.
Privacy and compliance built-in
Timeero prioritizes employee privacy and your business’s compliance. The app only tracks location and mileage while workers are on the clock, and you can customize settings to ensure you’re adhering to the regulations in your region.
Timeero goes beyond simple location tracking. The app gives you the ability to:
- Analyze and review trip details such as, distance traveled, driving speed, and location timestamps.
- Prevent time theft through geofencing technology.
- Streamline timekeeping and payroll processes.
- Improve the safety of your employees in the field.
- Issue fair and accurate mileage reimbursement.
- Effortlessly generate and export custom reports.
- Customize break rules to comply with relevant legislation.
Creating transparent policies and obtaining informed consent are crucial for building employee trust and avoiding legal issues. Timeero encourages responsible and ethical GPS tracking practices.
Common FAQs on employee location tracking
Is it legal to track employees’ locations?
Generally, yes, but it depends on your state's laws and whether you have employee consent.
Do I need to inform employees about location tracking?
Even if not explicitly required by law, informing your employees about GPS tracking is considered best practice. Transparency is key to maintaining trust and avoiding legal issues.
What privacy rights do employees have?
Employees have a right to privacy, even at work. Avoid excessive or intrusive tracking.
How can I protect employee data?
Use secure GPS tracking apps and implement data protection measures.
How can I address employee concerns about privacy?
A transparent GPS tracking policy and open communication can help ease your employees’ privacy concerns.
