Imagine you own a small business near the California-Arizona border that does business in both states. You want to install GPS trackers in your fleet to enhance oversight, streamline employee routes, and provide real-time delivery updates for your customers; however, what happens when workers cross state lines? How do GPS laws differ from state to state? While you added GPS tracking to improve your operations, are you unknowingly breaking the law when you enter a different state? 

While GPS tracking offers numerous benefits, understanding the relevant laws in each state is critical for ensuring your company remains compliant while utilizing this technology.

In this OnTheClock blog article, we’ll dive into the federal and state laws governing GPS tracking across the U.S., clarifying the federal guidelines and explaining the legal nuances in different states. Whether you’re tracking company vehicles or monitoring employee locations for operational efficiency, this guide will help you navigate the complex legal landscape of GPS tracking.

GPS Tracking Laws By State

Each state boasts unique GPS tracking laws. Here’s a brief look at all 50 states.  

Alabama — In Alabama, employers can legally track employees with GPS devices provided they are not on private property. According to state law, it’s illegal to conduct electronic surveillance when a person is in a private setting. Therefore, GPS tracking is permitted as long as the individual isn’t in a location where he or she has a reasonable expectation of privacy.

Alaska — GPS tracking is allowed in Alaska as long as employers have employees’ consent. Under state law, nonconsensual tracking that could cause fear of death or injury is prohibited, as it falls under stalking. The law further clarifies that using devices to monitor activities in vehicles or workplaces without permission is illegal.

Arizona — In Arizona, GPS tracking of employees is legal, but consent is required. State law specifically states that if you monitor an employee for more than 12 hours or on multiple occasions, you must have explicit authorization. This applies to electronic devices, digital monitoring, and GPS tracking.

Arkansas — While Arkansas law doesn’t explicitly ban GPS tracking of employees via their phones, it’s still a good idea to obtain their consent. As for vehicle tracking, state law limits the use of GPS devices to state-owned vehicles.

California — In California, tracking employees with a GPS device is legal only if you have their consent. State law deems it illegal to use electronic tracking devices on any vehicle or movable object without prior permission. Even for company-owned vehicles or phones, obtaining consent is essential.

Colorado — Employers in Colorado can legally use GPS tracking under Vonnie’s Law, but they must be cautious. If tracking causes emotional distress, it could be classified as stalking. Emotional distress in this context includes fear for one’s safety or the safety of family members.

Connecticut — Connecticut permits GPS tracking, but employers must notify employees beforehand. Public Act 21-56 and the Electronic Monitoring Act require transparency, even though consent isn’t necessary. However, if tracking could lead to emotional distress, it’s best to get written approval.

Delaware — In Delaware, GPS tracking of employees is legal if consent is given. State law notes installing tracking devices without permission is unlawful unless it’s done by law enforcement or a guardian monitoring a child.

Florida — In Florida, employers can use GPS tracking in business contexts without worrying about breaking the law. While state law prohibits tracking individuals without consent, it makes an exception for business-related purposes, allowing employers to monitor employees during work.

Hawaii — If you’re considering tracking employees in Hawaii, make sure you obtain their consent. Hawaii state law forbids GPS tracking without the person’s permission.

Idaho — Idaho has no specific regulations regarding GPS tracking. However, state law does outlaw the interception of communications like phone calls and texts unless they’re business-related. It’s advisable to get employee consent for GPS tracking to avoid potential issues.

Illinois — In Illinois, employers can track business-owned vehicles without employee consent. State law allows GPS tracking of employees driving company vehicles. However, when it comes to tracking through phone apps or other methods, it’s wise to get consent if the law doesn’t explicitly cover your situation.

Indiana — In Indiana, GPS tracking is legal, but only with the written consent of the individual being monitored. State law explicitly prohibits using tracking devices without permission. To stay compliant, ensure you get consent before installing any tracking device.

Iowa — Iowa permits GPS tracking of employees for legitimate business purposes. State law clarifies that conducting business is considered a legitimate reason to use GPS tracking. While the law is relatively lenient, it’s always a good idea to inform your employees of the practice.

Kansas — Employers in Kansas can track their employees during work hours as part of their legitimate business operations. State law identifies GPS tracking as permissible, but it’s essential to ensure tracking is done for business reasons and doesn’t constitute stalking, which is a violation of the law.

Kentucky — In Kentucky, GPS tracking of employees is legal, but only with their consent. State law requires employers to inform and obtain permission before using any electronic or mechanical device to determine an individual’s location.

Louisiana — In Louisiana, you must have employee consent to track their location. State law prohibits tracking a person without their explicit permission, defining GPS tracking as any effort to determine the movement or location of an individual.

Maine — In Maine, GPS tracking of employees is legal, but employers should be cautious. State law doesn’t prohibit GPS tracking outright, but if tracking causes emotional distress, it can be considered a violation. Emotional distress is defined as fear, anxiety, or torment resulting from being monitored.

Maryland — Tracking employees in Maryland requires consent. Under state law, it is illegal to use any tracking device without an individual’s consent. Violating this law can result in a fine of up to $5,000, imprisonment for up to five years, or both.

Massachusetts — Massachusetts doesn’t have explicit GPS tracking laws for employers, but state law prohibits electronic monitoring if it causes emotional distress. Symptoms of emotional distress include anxiety, depression, and insomnia. Violating this law can result in significant legal consequences, including imprisonment.

Michigan — In Michigan, GPS tracking is permitted if the devices are installed in company-owned vehicles. State law doesn’t require employee consent for tracking business-owned assets, but if you’re tracking personal vehicles or devices, consent is mandatory.

Minnesota — Employers in Minnesota are allowed to use GPS tracking as long as they have consent. According to state law, tracking is legal when you have the individual’s permission, whether the device is installed in a vehicle or used on a phone.

Nevada — In Nevada, GPS tracking is legal, but only with employee consent. Under state law, it is illegal to place or monitor a GPS tracking device without the person’s approval. Ensure you have proper consent before tracking to avoid legal action.

New Hampshire — In New Hampshire, employers must obtain consent before tracking their employees. State law makes it illegal to install a GPS tracking device without the individual’s prior consent.

North Carolina — North Carolina law requires employers to have consent before using GPS tracking devices. State law makes it illegal to track anyone without their explicit permission.

New Jersey — In New Jersey, it’s illegal to track employees without their consent. State law notes employers must obtain permission before monitoring employees' locations using GPS tracking devices.

New York — GPS tracking is permitted in New York as long as the employer has employee consent. State law prohibits using GPS devices to track someone without their explicit consent, ensuring that employees are aware of any monitoring.

Oklahoma — Oklahoma law allows GPS tracking of employees only if they have signed a consent form. State law makes it illegal to use tracking devices without the individual’s written approval.

North Dakota — In North Dakota, GPS tracking is legal with consent. Under state law, if the use of a tracking device causes fear, intimidation, or harassment, it is considered stalking. Ensure you have a legitimate purpose and employee consent before tracking.

Oregon — In Oregon, it is illegal to install or use a GPS tracking device without the individual’s consent. According to state law, tracking without permission can result in legal action. Business owners should always get employee consent before using any tracking technology.

Pennsylvania — Pennsylvania law allows GPS tracking with consent. State law makes it illegal to install a tracking device on a phone or vehicle without the person’s permission, ensuring employees have control over their own location data.

Rhode Island — In Rhode Island, it is legal to track employees using GPS, provided the tracking device is installed in a business-owned or leased vehicle. State law requires consent for GPS tracking except when the vehicle is used for business purposes.

South Carolina — To track your employees legally in South Carolina, you must obtain their consent. State law prohibits placing a GPS device on a vehicle without prior authorization from the employee.

Tennessee — In Tennessee, GPS tracking is legal only with employee consent. According to state law, tracking a vehicle or individual without permission is prohibited.

Texas — Employers in Texas can track their employees, but only with their consent. State law makes it illegal to install a tracking device on a vehicle without the person’s authorization.

Utah — In Utah, tracking employees with GPS is legal as long as consent is obtained, and tracking is limited to working hours. State law requires permission before installing GPS tracking devices in vehicles.

Virginia — Virginia employers are allowed to track their employees, but only with consent. State law prohibits installing tracking devices without prior approval from the person being monitored.

Washington — In Washington, GPS tracking is permitted on company-owned devices without consent. State law allows employers to monitor company vehicles or phones. However, if the device is personally owned, consent must be obtained.

Wisconsin — In Wisconsin, it’s legal to track employees as long as you have their consent. State law makes it illegal to place a tracking device on someone else’s vehicle without permission.

Wyoming — In Wyoming, GPS tracking of employees is legal once you’ve obtained their consent. State law defines GPS tracking without consent as illegal, so be sure to get authorization before implementing any tracking systems.

The following states do not have GPS laws: Georgia, Mississippi, Missouri, Montana, Nebraska, Ohio, and West Virginia.

Legal Considerations Based on Operational Location

The laws and regulations governing GPS tracking can vary significantly depending on the jurisdiction in which your business operates. As noted, some states impose few restrictions, while others enforce strict guidelines that can impact how and when tracking can occur. For example, states like California and Texas have specific laws that regulate the use of GPS for tracking employees and company assets. In contrast, states like Illinois criminalize tracking vehicles without the owner's consent unless the vehicle is company-owned.

Business owners must evaluate the legal requirements based on where their vehicles are driven and where employees reside. Operating across multiple states adds complexity, as it may necessitate a patchwork of compliance measures tailored to each region. For businesses that frequently cross state lines, it may be worthwhile to seek legal guidance to ensure you’re fully compliant in all examples. Those who break the law may face consequences. Several lawsuits demonstrate the fragility of such GPS laws, including:

• Cunningham vs. New York State Department of Labor: This lawsuit challenged the New York State Department of Labor’s warrantless planting of a GPS tracking device on an employee’s personal car. The device, implemented as part of an investigation into workplace misconduct, tracked the whereabouts of 30-year Department of Labor employee Michael Cunningham and his family for at least a month, including during evenings, weekends, and while the family went on vacation out of state. On June 27, 2013, the New York State Court of Appeals unanimously ruled that the state acted unlawfully by tracking his personal movements outside of working hours.
  
  
• Elgin v. St. Louis Coca-Cola Bottling Co.: This lawsuit set a precedent allowing employers to use GPS in company-owned vehicles for tracking employees, enabling companies to implement GPS fleet tracking systems.
  
  
• United States v. Jones: This case established that evidence obtained through GPS trackers placed without a warrant may be inadmissible in court based on Fourth Amendment rights.

Ownership of Vehicles and Legal Implications

Ownership of company vehicles plays a pivotal role in determining the legality of GPS tracking for employers. When a company owns the vehicles used by employees, it generally has the right to monitor their locations through GPS tracking, as previously noted in Elgin v. St. Louis Coca-Cola Bottling Co. Employers are typically within their legal rights to track company-owned vehicles during work hours and, in some cases, even outside of work hours, provided the tracking is for legitimate business purposes.

However, if employees use personal vehicles for work, the legal landscape becomes more complex. In these cases, employers must obtain explicit consent before installing or using GPS tracking. Additionally, tracking should be limited to business hours to avoid potential privacy violations. Without consent, tracking personal vehicles may lead to legal consequences, such as claims of invasion of privacy, and can expose the employer to lawsuits or penalties, as noted in Cunningham vs. New York State Department of Labor.

The type of vehicle ownership also affects how the law is interpreted in different states. Some states, like Illinois, criminalize tracking a vehicle without the owner's consent unless the vehicle is company-owned. Therefore, companies must carefully assess vehicle ownership and comply with state-specific laws to avoid legal risks.

What Happens When GPS Tracking Crosses State Lines?

GPS tracking laws can become more complex when vehicles cross state lines, as regulations differ from state to state. While some states have minimal restrictions on tracking company-owned vehicles, others enforce stricter privacy protections for employees. When a vehicle moves from one jurisdiction to another, employers must consider the laws of both the origin and destination states to ensure compliance.

Example: Crossing the California-Arizona Border with Active GPS Tracking 

In the introduction of this article, we posed a hypothetical scenario for a business operating near the Arizona-California border and asked the question: What happens when workers utilizing GPS tracking cross state lines?

Well, here’s the answer! 

As noted previously, California has strict laws governing GPS tracking, especially in the context of employee privacy. Under the California Penal Code § 637.7, it is illegal to track a vehicle without the owner’s consent. If the company owns the vehicle, consent is implied, but employee privacy rights must still be considered. Tracking employees outside of work hours or for nonbusiness-related purposes could violate privacy laws. Additionally, California employers must ensure their GPS tracking practices are transparent, typically requiring written consent or a clear company policy informing employees of the tracking.

Arizona, on the other hand, has fewer restrictions on GPS tracking for company-owned vehicles. In Arizona, employers can legally track company-owned vehicles without the need for employee consent as long as the tracking is for legitimate business purposes. The state does not have specific laws restricting GPS use, like California, so employers have more leeway when tracking vehicles within its borders.

When a vehicle moves between California and Arizona, the more restrictive California laws would generally prevail, especially if the employee is based in California. Thus, companies should ensure tracking aligns with California's consent and privacy requirements, even while the vehicle is in Arizona. 

In summary, to minimize any compliance concerns, employers should:

• Make sure employees are aware of GPS tracking policies;
• Limit tracking to work-related purposes, regardless of which state the vehicle is in; and
• Obtain employee consent, ideally in writing, to avoid potential legal issues, particularly under California law.

Creating a GPS Tracking Policy

Implementing a GPS tracking policy is a critical step for companies using GPS technology to monitor employees, vehicles, or equipment. A well-crafted policy ensures tracking is transparent, lawful, and respects employee privacy. Additionally, a thorough, location-sensitive GPS tracking policy should also outline clear guidelines for tracking company-owned assets versus employee-owned devices or vehicles. Here are some steps to consider when creating a policy.

1. Clearly Define the Purpose: The first step in creating a GPS tracking policy is to establish why the company is tracking employees or assets. Clearly outline the legitimate business reasons for using GPS, such as improving fleet efficiency, ensuring employee safety, reducing fuel costs, or optimizing route planning. By stating the purpose, you foster trust and transparency, reducing any concerns employees may have about being monitored.
2. Choose the Right Tracking Methods: Select the most appropriate GPS tracking methods for your business. Depending on your needs, you might use hardware (such as vehicle-mounted trackers) or software (like GPS-enabled apps). Detail which methods will be used to track employees, vehicles, or equipment, and explain how the data will be collected, including whether it will monitor real-time location, speed, or routes.
3. Establish Boundaries for When and What Will Be Tracked: Specify the scope of when employees will be tracked. For example, employees will only be tracked during work hours or when they are using company-owned vehicles or equipment. Also, establish what will be tracked. This could include vehicle locations, employee check-ins, route details, etc. Be clear about what types of data will be collected and avoid unnecessary tracking during nonwork hours to protect employee privacy.
4. Obtain Employee Consent: Before implementing GPS tracking, make sure to notify employees in writing and obtain their consent. While this may not be legally required in every jurisdiction, it’s a best practice that protects your business from future disputes. Include details about how data will be collected, stored, and used, and have employees sign the policy to acknowledge their understanding and consent.
5. Outline Data Use and Security Measures: Explain how the GPS data will be used and who will have access to it. This could include performance evaluations, route optimization, or compliance monitoring. It’s equally important to specify how the data will be secured, ensuring it is protected from unauthorized access. This might involve encryption, restricted access, or secure storage protocols. Employees should feel confident that their location data is protected against misuse or breaches.
6. Limit Data Access: To further safeguard employee privacy, limit access to GPS tracking data to authorized personnel only. Specify which roles within the company (e.g., fleet managers, HR personnel, etc.) will have the right to view and use the data. This ensures accountability and minimizes the risk of misuse.
7. Comply with Legal Requirements: A GPS tracking policy must adhere to local, state, and federal laws. For example, states like California have stringent privacy regulations that may require employers to obtain consent or limit tracking to business-related activities. Ensure your policy complies with all relevant laws, particularly if your business operates across multiple states.
8. Regularly Review and Update the Policy: The legal landscape surrounding GPS tracking is always evolving. Schedule regular reviews of your GPS tracking policy to ensure it remains compliant with current laws and industry best practices. Update the policy as needed and communicate any changes to your employees.
9. Enforce the Policy and Outline Consequences: Clearly define the consequences for employees who tamper with tracking devices or violate the GPS tracking policy. This could include disciplinary actions or termination for serious offenses. At the same time, ensure managers and authorized personnel handle GPS data responsibly with clear consequences for misuse.

A GPS Tracking Policy Template for You to Use

Are you looking to implement a GPS tracking system for your company vehicles or employees? We’ve drafted a customizable template designed to help you outline how GPS data will be collected, used, and secured — keeping both your business and employees informed and protected. This template will help you craft a comprehensive GPS tracking policy that balances operational efficiency with employee rights, fostering a transparent and legally compliant workplace. Feel free to alter this document to suit your needs.

Download our GPS tracking template by clicking here.

Does Your Time Tracking Software Utilize GPS?

Navigating the complex landscape of GPS tracking laws can be a daunting task for any business operating across state lines. By understanding and complying with the varied regulations, you ensure your use of GPS technology remains lawful and respects employee privacy. From clearly defining your tracking purposes to obtaining necessary consents and regularly reviewing your policy, each step is crucial to maintaining a compliant and transparent operation.

As you refine your GPS tracking practices, consider enhancing your overall operational efficiency with robust time tracking software. Efficient time management complements effective GPS tracking by providing comprehensive insights into employee hours, project progress, and productivity metrics. By integrating a reliable time tracking solution, you not only streamline your workforce management but also ensure every aspect of your operations aligns with legal requirements and business goals.

Ready to take your business operations to the next level? Optimize your workflow with OnTheClock to stay ahead of compliance challenges.