I'm thinking about using an APP for clock-in/clock-out purposes. The app has the ability to track GPS location of the phone. If the app is on an employee's personal phone, is it legal to turn on the GPS function? Code section? Case law? Thanks
Yikes, you mean the employer having the power to turn on an employee's private phone GPS, and know their location? That would kind of stink. I mean, you better trust your boss, and trust him not to be a creepster.
As en employee, I refuse to install apps on my personal phone for my employer. I have refused the ADP app already. However; company phone and vehicle... they can gps all they want... and they do.
No, the app can't turn on the GPS, it just has the option of seeing the location if they are clocked in and location services is on. It also has the option of making location services a requirement to clock-in. So, the employee would know they were being monitored and it only works while they are clocked-in so it wouldn't track them while off duty.
The paint rep locally a few years ago was out fishing they caught him because his truck has a location device would be sitting for hours on end. He was out fishing and also getting checks made out to him giving the body shots materials and not turning in the money. ..
My phone no way I would allow. Companies phone would stay in the truck when off. We have iPhones at work to do time, we leave it In the gang box.
That sounds good, sure there can be abuse, but without you physically being there 24/7 when open, its hard for anything to be fool-proof. Gotta trust those employees.
This... I would also refuse to carry the company phone when not on the clock. Most likely it would stay in my locker or toolbox at work when I go home. There have been rumors around my company for years that the rfid chips in our badges were, or were going to be, used to monitor our movements on the premises. I'm not going to weigh in on the possibility of it happening in the future... but they aren't doing it now. Our shop's responsibilities take us everywhere... really, everywhere... and people are constantly places there is no good business purpose for them to be.
I know the state does this with employees phones and they actively monitor them. In my fiance's case they can also turn on the mic.
I've not read the employment agreement but I'm sure that would be covered there or lawsuits would have happened years ago. ETA: Also I'm not sure "recording" was actually mentioned only "monitoring" which may make a difference. Either way they're notified of this when getting the phones.