It’s Often Not Only Legal, but Essential...
Many business leaders ask: “Can we legally use GPS to track our employees?” The short answer: yes, in most situations, provided you follow certain rules. More importantly, when executed properly, GPS tracking is more than a compliance checkbox: it’s a tool for delivering safety, protecting assets, and improving operations.
In this post we’ll cover:
What the law says in the U.S. (federal + state)
How businesses justify GPS tracking as necessary
Best‑practice policies to keep it legal and ethical
There is no single federal law that specifically bans or fully regulates employer GPS tracking of employees according to Legal Clarity However, broader laws and principles apply:
The United States v. Jones (2012) case held that law‑enforcement installation of a GPS tracker on a suspect’s vehicle constitutes a “search” under the Fourth Amendment and therefore requires a warrant.
For private employers, the Fourth Amendment generally does not apply (it limits government action, not private employers) according to the American Bar Association
Other federal statutes including the Electronic Communications Privacy Act (ECPA) may apply when tracking involves communications or intercepting electronic transmissions.
So at the federal level: employers have broad latitude, but must still respect employee privacy and follow laws around communications and data.
Because federal law doesn’t provide a comprehensive “yes/no” rule, state laws fill in the gaps and they vary significantly. Here are some illustrative points:
Many states allow employers to track company‑owned vehicles or devices without needing explicit employee consent, because the company owns the asset and thus has a diminished employee expectation of privacy.
However, tracking an employee’s personal vehicle, personal mobile device, or monitoring off‑duty hours is far more legally delicate. Consent (written or implied) may be required.
Some states require written notice of tracking. Example: In New Jersey a law was passed requiring employers to give written notice if they track a vehicle used by an employee.
Some states make it a crime to install a tracking device on a vehicle without the owner’s consent, or to track someone in a way that causes fear or harassment. Eg: California Penal Code 637.7.
From the legal analyses:
If the vehicle/device is company‑owned and the tracking is for legitimate business purposes, tracking is generally legal.
If you are tracking personal property, personal devices, off‑duty time, or without notice/consent, you enter risk territory.
Be sure to check the state laws where you operate (or your vehicles travel) because rules differ.
Here are key reasons why tracking goes beyond “just legal” and becomes a vital operational tool. If done right, it protects both employer and employee.
Real‑time GPS allows quick response in emergencies: if a driver’s vehicle is in an accident or stranded, the employer can locate them and dispatch help.
Tracking helps monitor risky driving behavior (speeding, unsafe idling, route deviations) so employer can intervene or retrain, reducing accident risk.
When workers operate remotely or alone (e.g., service vans, delivery trucks), knowing their location helps protect them.
Company vehicles and equipment are substantial investments. GPS enables theft deterrence, recovery, and even hardware features like immobilization (“kill switch”) in case of unauthorized use.
Tracking non‑powered assets (trailers, equipment) helps prevent “silent” losses and protect ROI.
Route optimization: knowing where each vehicle is helps dispatch the closest driver, reduce dead miles, reduce fuel consumption.
Accountability: GPS data provides verifiable records of where employees were (while working) which helps with payroll, time‑keeping, job verification.
Compliance: Some industries require drivers to follow regulated hours or routes; GPS tracking aids in meeting those guidelines.
In case of accidents, delivery delays, or claims, GPS data provides evidence of location, route, speed, helping defend the company (and driver) in litigation.
Knowing you have tracking may encourage better driving behavior and compliance with safety protocols.
Whether you’re an employee or a business owner, understanding GPS tracking is important.
If you’re an employee:
Remember that GPS tracking is usually done on company-owned vehicles or devices and during work hours.
It’s often intended to keep you safe, ensure quick assistance in emergencies, and help the company operate efficiently, not to invade your personal life.
You have the right to ask your employer about their GPS policy: how data is collected, who can access it, and how long it’s kept. Transparency is key.
If you’re a business owner or manager:
GPS tracking isn’t just legal, it’s a proactive tool for safety, efficiency, and asset protection.
Make sure employees understand why tracking is in place. A clear written policy reduces confusion and builds trust.
Use GPS data responsibly: limit access to authorized personnel, focus on business purposes, and avoid tracking off-duty or personal devices without consent.
By understanding both perspectives, businesses can implement tracking safely and legally, while employees feel respected and protected.
If your company uses solutions from TrackHawk GPS (hardwired, wireless, OBD, dash‑cams, tracking software) you are well positioned to implement compliant tracking. You can lean into the safety and operational benefits:
Company‑owned trackers/vehicles: give you legal clarity
Real‑time tracking + immobilization: supports asset protection
Dash‑cams + telematics: bolster safety and documentation
Analytics/reporting: makes it about performance & behavior rather than “micromanagement”
By emphasizing the why (safety + efficiency) and implementing the how (policy + transparency + compliance), you help protect your business , and your employees.
Yes, it is legal for employers to track employees with GPS in most situations, particularly when company-owned vehicles and devices are used. More importantly, when implemented responsibly, GPS tracking protects employees, secures assets, and improves operations.
Transparency, purpose, and respect are essential: tracking should never feel like “big brother,” but rather a tool for safety, efficiency, and accountability.