GPS In The Workplace

Earlier this year in United States v. Jones, the United State Supreme Court addressed the privacy implications of Global Positioning Systems ("GPS"), holding that placing a GPS tracking device on a suspect's car was a "search" under the Fourth Amendment. Though a growing number of employers are using GPS systems to track employee activity on the job, the effect of the Supreme Court's decision in the private sector remains unclear.

Jones highlights two distinct privacy concerns potentially created by GPS devices. First, Justice Scalia, in the majority opinion, focused on the trespass implicated by placing a GPS device in an individual's vehicle. Though the holding only applies to government action, courts may find this element of privacy relevant if an employer installs GPS devices in employees' personal vehicles.