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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12480
Experience:  Significant experience in all areas of employment law.
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I work large Food Broker company, that has

Customer Question

Hello, I work for a large Food Broker company, that has offices in all 50 states in the US. I am a Retail Sales Rep and use my own car to travel and work at convienence stores in south calif. The company has a GPS program that can monitor us employees
on our Samsung Galaxy Note 10 tablets. On June 26th, 2015, they installed an additional GPS program called GEO FENCING, this tracks us on how far we are from our stores and the time when we are supposed to be there. Which means if I'm not there on time 8 am
and I am 1 mile away, and I hit start on my tablet and I happen to be 1 mile away an alert goes off and an email is sent to the supervisor saying the time and the distance from the store. My supervisor has said to me that the GPS real time tracking is illegal
and they are not suppose to use it, now they have this other one. I thought it was illegal to track employees in calif when they use their own car. I do not know the other GPS tracking program they are using. How do I get them to stop tracking us if it's illegal?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and welcome. Can you please clarify for me whether the gps is somehow installed into your vehicle or just to your tablet? Thank you very much.
Customer: replied 1 year ago.
It is on my tablet only.
Thanks!
Julie
Expert:  Patrick, Esq. replied 1 year ago.
Thank you, ***** ***** law requires employee consent for any GPS device installed into the employee's personal vehicle. However, GPS on an electronic device owned by the employer is not treated the same way. Monitoring an employee based on where they take employer property is legal since the employee is under no obligation to take the device where the employee goes in their personal time. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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