Can my employer track my personal cell phone using GPS?

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Can my employer track my personal cell phone using GPS?

My employer uses timesheets to log our time, however to log time they require that you are tracked at all times while on the clock. It is my personal cell phone they are

tracking not one they issued me. I do not get paid if I don’t allow them to track me. This was not stated before I accepted the job.

Asked on October 10, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They cannot refuse to pay you if you don't let them track you (employees must be paid for all work actually done, under the wage and hour laws, like the Fair Labor Standards Act), but they *could* suspend or fire you if you don't let them track you. An employee may make allowing cell phone/GPS traiing a condition of employment and may terminate, etc. anyone who does not comply; and similarly, employees who do not wish to be tracked may, of course, seek other employment.


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