Employee GPS Tracking Laws by State: A Compliance Guide for US Businesses

Alabama law does not have specific statutes addressing GPS tracking of employees. However, general privacy and electronic surveillance laws imply that GPS tracking should not violate an individual's reasonable expectation of privacy.

Employers can generally use GPS tracking on company property or in public spaces without issue. It is crucial to avoid tracking employees in private places, as this could be considered a criminal offense under Alabama Code § 13A-11-32, which pertains to criminal surveillance.

While Alaska does not have laws specifically prohibiting GPS tracking of employees, obtaining written consent from employees is highly advisable to avoid potential legal issues. Unauthorized GPS tracking can be construed as stalking in the second degree under Alaska Statute § 11.41.270(b)(4)(H), especially if it causes the individual to fear for their safety.

In Arizona, employers are permitted to use GPS tracking for legitimate business purposes, such as monitoring company vehicles or ensuring employee safety. However, using GPS technology to track a person without their consent for 12 hours or more, or on two or more occasions, can be considered stalking under Arizona Revised Statutes §13-2923. It is essential to use GPS tracking responsibly and with clear business intent.

Arkansas does not have explicit laws prohibiting or limiting GPS tracking in the workplace. Employers can generally track employees using GPS technology for legitimate business purposes. However, state agencies using GPS on state-owned vehicles must comply with specific record-keeping and disclosure requirements as outlined in § 22-8-105.

California has some of the most stringent privacy laws regarding GPS tracking. According to California Penal Code Section 637.7, it is illegal to use an electronic tracking device to monitor the movements of a person without their consent. This applies even when tracking company-owned vehicles.

Employers are required to notify employees about GPS tracking and obtain their explicit written consent. Additionally, as of January 1, 2023, Assembly Bill 984 (AB-984) imposes further restrictions, stating that employee monitoring is only permissible during work hours and must be strictly necessary for the performance of the employee’s duties.

Colorado does not have specific laws addressing GPS tracking in the workplace. Employers can generally use GPS tracking for legitimate business purposes. However, they must be cautious not to violate Colorado's "Vonnie's Law" (C.R.S. 18-3-602), which makes it illegal to monitor someone in a manner that causes harassment or emotional distress.

In Connecticut, employers must comply with the Electronic Monitoring Act, which requires providing employees with prior written notice of any electronic monitoring, including GPS tracking. The notice should clearly explain the purpose, data collected, and how the information will be used.

Under Public Act 21-56, using GPS tracking to cause someone to fear for their safety is illegal. Employers should ensure their tracking practices are transparent and not perceived as intrusive or harassing.

Delaware places a strong emphasis on individual privacy. Under the state's Violation of Privacy Law, installing a GPS tracker on any vehicle or monitoring an employee without consent is prohibited. Employers should obtain explicit consent before tracking and avoid practices that could be perceived as harassment.

In Florida, employers can use GPS tracking for legitimate business reasons without needing explicit employee consent when tracking company-owned vehicles or devices. However, per state regulations, tracking personally owned vehicles or devices requires obtaining employee consent.

Georgia does not have specific laws prohibiting or limiting GPS tracking in the workplace. Employers can generally use GPS tracking for business purposes. However, they should ensure that their tracking practices do not violate any general privacy rights or lead to claims of harassment.

Under the Hawaii Revised Statutes Sections 803-41 and 803-42, it is prohibited to intentionally use mobile tracking devices without the explicit consent of the person being tracked. Employers must obtain consent before tracking any employee-owned or company-owned vehicles to comply with the law.

Idaho does not have specific laws directly addressing GPS tracking in the workplace. However, under Idaho Code 18-6702, it is illegal to intercept electronic communications without authorization. Employers should ensure that GPS tracking does not violate these privacy protections and should obtain consent when appropriate.

In Illinois, employers are permitted to track employees operating company-owned vehicles without their consent, as per Statute 720 ILCS 5/21. However, they must inform employees about the tracking device and the data being collected. Tracking employee-owned vehicles requires explicit consent. Violations can result in a Class A misdemeanor.

Indiana's Senate Bill 83 (2023) makes it illegal to track a person or their property with a GPS device without their consent. Employers must obtain consent prior to GPS tracking to comply with this law.

In Iowa, employers can track employees for legitimate business purposes under Iowa Code 708.11A. However, placing a GPS tracker on another person or their belongings without consent is illegal. Employers should obtain consent when tracking employee-owned vehicles or devices.

While Kansas Statute 21-5427 defines using electronic devices to locate someone as potential stalking behavior, employers are generally allowed to use GPS tracking for legitimate business purposes. Employers should ensure their tracking practices are transparent and do not cause employees to feel harassed.

Kentucky's law on GPS tracking (Ky. Rev. Stat. § 508.152) prohibits installing a tracking device on a vehicle without the consent of the owner or authorized operator. While the law does not directly address tracking via mobile devices or company-owned vehicles, employers should be mindful of consent and privacy considerations.

In Louisiana, tracking an individual without consent is illegal under LA Rev Stat 14:323. Employers must obtain explicit permission before using GPS tracking. However, there is an exception allowing employers to track employees using company-issued cellular phones without explicit consent.

Maine does not have specific laws prohibiting GPS tracking in the workplace. Employers can use GPS tracking for legitimate business purposes but must ensure their practices do not violate anti-stalking laws, such as causing emotional distress or fear of injury under Maine's anti-stalking law.

Maryland allows GPS tracking for legitimate business purposes but prohibits tracking someone without their consent under the anti-stalking law (Md Code, Crim. Law 3-802). Violations can result in fines up to $5,000 or imprisonment.

Massachusetts does not have specific laws directly regulating GPS tracking in the workplace. However, using electronic communication to cause substantial emotional distress is illegal. Employers should ensure their GPS tracking practices are lawful and respectful of employee privacy.

Note: A pending bill (H.1572) seeks to make it illegal to track vehicles without the owner's consent, which could impact employer practices in the future.

Under Michigan's Penal Code Section 750.539l, installing a GPS tracking device on a vehicle without the owner or lessee's consent is illegal. Employers can track company-owned vehicles without consent but must obtain consent to track personally owned vehicles.

Minnesota Statute 626A.35 allows GPS tracking only with the explicit permission of the person being tracked. This applies to mobile tracking devices and GPS devices placed in motor vehicles. Employers should obtain consent before tracking employees.

Mississippi law does not directly address GPS tracking in the workplace. However, under the anti-stalking law (Mississippi Code § 97-3-107), it is illegal to use GPS tracking to cause fear or emotional distress. Employers should ensure their tracking practices are for legitimate business purposes.

Missouri generally allows employers to track company-owned vehicles without needing employee consent. However, under Missouri law 455.095, installing an electronic tracking device on a vehicle without the owner's consent is prohibited. Employers should inform employees about tracking practices and obtain consent when necessary.

Montana does not have specific state laws prohibiting GPS tracking by private individuals or businesses. Employers can use GPS tracking for legitimate business purposes but should ensure their practices do not infringe on privacy rights or cause employees to feel harassed.

Nebraska has no laws prohibiting or limiting GPS tracking by private individuals or businesses. The only reference to GPS tracking is in Statute 86-2,103, which outlines procedures for law enforcement. Employers should use GPS tracking responsibly and ethically.

As of May 2023, Nevada's Assembly Bill 356 (AB356) makes it illegal to track a person without their explicit consent. This applies to all forms of electronic tracking, including company-owned vehicles. Employers must obtain clear and informed consent before implementing GPS tracking.

Violations can lead to severe penalties, ranging from misdemeanors to Class C felonies.

In New Hampshire, using GPS tracking devices without consent is prohibited under statute 644-A:4. This applies to both individuals and businesses. Employers should inform employees about any tracking and obtain consent, especially when tracking employee-owned vehicles.

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. This applies to both company-owned and personal vehicles. Non-compliance can result in civil penalties up to $2,500.

New Mexico does not have specific laws directly regulating GPS tracking in the workplace. However, under the anti-stalking law (30-3A-3), it is illegal to monitor someone in a way that causes reasonable fear of harm. Employers should ensure their tracking practices are lawful and not intrusive.

New York allows employers to use GPS tracking for legitimate business purposes. As of May 7, 2022, the employee monitoring law requires employers to provide written notice about any electronic monitoring, including GPS tracking. The notice should be given upon hiring and posted conspicuously. Violations can result in civil penalties.

North Carolina's 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 under the "fleet vehicle" exception but should inform employees about tracking practices.

North Dakota does not have specific laws directly addressing GPS tracking of employees. However, under N.D. Cent. Code § 12.1-17-07.1, it is illegal to use GPS tracking to monitor someone without consent if it causes fear or distress. Employers should use GPS tracking responsibly and ethically.

Ohio lacks specific laws directly addressing employer use of GPS tracking devices. However, under Revised Code Section 2903.211, conduct causing someone to believe they will be harmed is prohibited. Employers should ensure their GPS tracking practices are lawful and not intimidating.

Tracking someone without consent can be considered stalking under Oklahoma law. Employers must obtain employee consent before using GPS tracking, even on company-owned vehicles or devices. Exceptions exist for law enforcement and motor carriers.

Oregon Revised Statutes (ORS) 163.715 makes it illegal to place a GPS tracking device on a vehicle without the owner's consent. Exceptions apply for law enforcement and motor carriers. Employers must obtain consent before tracking employee-owned vehicles.

Under Title 18 Section 5761, Pennsylvania prohibits installing or using a GPS tracking device without the owner's consent. Employers must obtain consent before tracking employee-owned vehicles and should inform employees about tracking practices on company-owned vehicles.

Rhode Island prohibits using electronic tracking devices in vehicles without the consent of the operator and all occupants, as per state law. Exceptions exist for certain entities. Businesses are allowed to track their own or leased vehicles driven by employees without needing additional consent.

South Carolina currently has no explicit laws regarding GPS tracking of employees. A proposed bill (Bill 3047) would make it illegal to install or use a tracking device without consent, but it has not been enacted. Employers should use GPS tracking responsibly and consider obtaining consent.

South Dakota does not have specific laws regulating the use of GPS tracking devices by private entities. Law enforcement officials need a warrant to use GPS tracking devices, as stated in South Dakota Codified Laws 23A-35-4.3. Employers should use GPS tracking ethically and responsibly.

Tennessee Code Ann. 39-13-606 regulates the use of GPS tracking devices. It is illegal to install a tracking device on personally owned or leased vehicles without consent. Employers can freely track company-owned vehicles without needing additional consent but should obtain explicit consent before tracking employee-owned vehicles or devices.

Texas Penal Code Section 16.06 makes it illegal to install a tracking device on a vehicle owned or leased by another person without their consent. Employers must obtain consent before tracking employee-owned vehicles. Violations can result in a Class A misdemeanor.

Under Utah Code § 76-9-408, it is unlawful to install a tracking device on a vehicle owned or leased by another person without permission. Employers must obtain consent before tracking employee-owned vehicles.

Vermont does not have specific laws addressing GPS tracking of employees by private businesses. However, the state emphasizes individual privacy through its anti-stalking law and Electronic Communication Privacy Act. Employers should ensure their tracking practices do not infringe on privacy rights or cause fear or harm.

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 if done through "intentional deception." Employers must be transparent about tracking practices. Exceptions exist for fleet vehicle owners and registered private investigators.

Washington State allows GPS tracking of employees for legitimate business purposes. However, under RCW 9A.46.110, tracking that causes an individual to experience fear, emotional distress, or concern for their safety is prohibited. Employers should ensure their tracking practices are lawful and respectful.

West Virginia's Code 61-3-50 makes using GPS devices to discover another person's whereabouts illegal without their consent. Employers must obtain consent before tracking employees, even on company-owned devices or vehicles.

Wisconsin Statute 940.315 prohibits tracking a person's movements or placing a GPS device on a vehicle without the owner's consent. This applies even if tracking is done for business purposes. Employers must obtain consent before tracking employees.

Wyoming does not have specific laws directly addressing GPS tracking of employees. However, under the state's anti-stalking law, using electronic devices to track someone without authorization, causing emotional distress or fear, is prohibited. Employers should use GPS tracking responsibly and ethically.