Employers not required to disclose tracking on company-owned vehicles

Q         Are we obligated by law to disclose that our company vehicles are geographically tracked? If so, what is the best practice when advising employees their company cars will be trackable at all times?

As a general rule, employers aren’t required to provide notice or obtain consent to install tracking devices on company-owned vehicles. There are no federal laws on tracking employees, and very few states have enacted tracking laws that apply directly to employers or businesses.

In states that address the legalities around tracking, the laws focus more on protecting against criminal behavior than business needs. Exceptions to the general rule are California and New York, which prohibit using GPS-tracking without employee consent, and Connecticut, which requires notice but not consent.

Other states have laws limiting employee tracking to legitimate business purposes or during working hours. In addition, almost all states with laws on tracking employee-owned vehicles require consent.  

In summary, unless you are a California or New York employer, you don’t need consent if you are tracking an employee for business-related purposes during working hours on a company-owned vehicle. Straight forward answer, right?