What is the law regarding a tracking app on personal devices?

Our school district is requiring all employees to download a tracking app to our personal devices in order to

Asked on February 21, 2019 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

This is perfectly legal: employers have the power to set terms or conditions on employment, and can make one of those terms or conditions that employees consent to having the tracking device on their phones and to being tracked. Employees who refuse may be terminated, unless there is a written contract (including union or collective bargaining agreement covering that employee) which prevents termination for that reason--but without a contract to the contrary, employees may be terminated at will for refusing employer instructions or rules, even ones that effect non-work time. (For example: employers may also legal bar moonlighting or side jobs.) Or employees who don't want to be tracked may seek other employment.


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