If an employee is on the clock but is performing work off the job site, it is only natural that you may want to monitor their actions. Using GPS satellite technology¹ is one way that many employers are monitoring their construction employees when they go off site. With GPS, you can monitor where employees go, how long they stay there, whether they make any unauthorized stops, and more. Monitoring can also help you improve your company efficiency and your bottom line while also ensuring compliance with Seattle & Tacoma construction law. While employee monitoring may be preferable for an employer to protect their business, employees may have some legitimate concerns regarding monitoring.

You always want to ensure that employee monitoring is performed in a legal manner to avoid any disputes with employees. If you have questions regarding this topic or are facing a legal dispute, call the experienced construction attorneys at the Dickson Frohlich Phillips Burgess in Seattle at (206) 621-1110 or in Tacoma at (253) 572-1000 today for a free consultation.

Employee Concerns

GPS monitoring may occur when an employee is not on the clock, which can cause many privacy and employment concerns. For example, if an employee has a mobile device provided by the construction company that has a tracking chip, the tracker could reveal the employee’s personal religious activities, medical treatments, union activities, and more. An employee may have legitimate concerns that such information may be used to make an adverse and unlawful employment action against them.

Have a clear policy

In order to address employee concerns and to avoid disputes, your construction company should always have a clear policy regarding monitoring. The policy must include that you will not use personal information learned through GPS tracking to make an adverse employment decision.² Additionally, you should allow an employee to turn off a company cell phone or GPS device outside of work hours. Finally, you should have every employee who is monitored sign a form stating they consent to the GPS monitoring and that they have a thorough understanding of all monitoring policies. This can help protect your interests should a dispute later arise.

¹https://en.wikipedia.org/wiki/Global_Positioning_System
²http://www3.ce9.uscourts.gov/jury-instructions/node/176