Literature Review – Part 1

Literature Review – Part 1     ‘NOTES ON: GPS TECHNOLOGY; EMPLOYEE MONITORING ENTERS A NEW ERA’

This journal article discusses the use of Global Positioning System technology and other tracking systems to monitor employees in the workplace and whilst travelling during working hours.  It is grouped into five different sections and goes into more detail about specific points on GPS technology.

Part 1 – Introduction

The authors start by saying that employers can basically monitor every single thing their employees do by using various methods, for example; video surveillance, monitoring e-mails, instant messages, internet website connections, keystrokes and more recently by using Global Positioning System (GPS) technology. GPS uses a constellation of satellites to determine the precise location of the GPS enabled device. By using GPS technology, employers can check an employee’s route, see their speed and direction, calculate the amount of time spent in one place and when the employee leaves that place. The authors predict that even though many companies are using GPS nowadays, as it becomes more affordable, accessible and smaller; the number of users will rise. Following a mandate by the Federal Communications Commissions that wireless providers must be able to locate the origin of a 911 call within 100 feet, virtually  all new mobile phones are now equipped with GPS technology that could be used to track employees.

Part 2 – GPS Monitoring Pays Off

Before the use of tracking devices or methods to track employee’s actions, employers had to trust their employees to do their work properly if they were not working in the office, and this lead to certain employees taking advantage of that; which will not be the case now. A benefit for employers is that GPS can assist them in prosecuting employees who steal from the company or their customers.

A few benefits of using GPS are:

–          Using GPS to monitor employee activity can reduce unauthorised use of company’s vehicles

–          As GPS can monitor speed, it can help cut fuel costs by making sure workers are following the speed limit, therefore cut down on road      accidents

–          By comparing time-stamps on employee’s emails and text messages, GPS can let employers know if employee’s are texting or

emailing whilst driving

–          It can improve delivery and pick-up operations, for example; UPS gives truck drivers hand-held GPS computers to help them find locations or to alert them if they are at the wrong address. The system reports the time and address as soon as a package is delivered, allowing UPS to identify the driver closet to a customer in need of assistance. A similar example is provided about the company Roto-Rooters and with the help of GPS, the number of customers the company was able to serve, rose by 20%.

Part 3 – Privacy Concerns

Some workers and privacy advocates have called GPS technology an “electrical leash” and they think it belittles and alienates employees by suggesting a lack of trust. There is little law available to guide employers in the use of GPS and many employees are worried that it will not be used correctly on them, for example invading their privacy.

The authors use various court cases as examples of what generally happens when employers are accused of invading employees’ privacy and who the courts mainly favour, in most cases it is the employer. The reason sometimes given is that the information being monitored by the employer is the vehicle’s whereabouts which is essentially public knowledge.

Connecticut is the only state that requires employers to notify employees of GPS monitoring but only requires notice of the “types of monitoring” that may occur, and this can be fulfilled by displaying a poster for employees to read.

Part 4 – GPS and Collaborative Bargaining

Employers can potentially face resistance from Unions over the use of GPS and expect to have to bargain the use of GPS with the Unions before implementation. For example, when UPS first decided to give its truck drivers GPS hand-held computers, certain employees went on strike and were later assured that the GPS data would not be used to evaluate employees.

Part 5 – Practical Steps When Implementing GPS Tracking

At the end of the article, the authors provide eight main guidelines to employers who may decide to use GPS technology in their workplace.  The titles of these guidelines are:

–          Integrate GPS tracking with other policies

–          Reserve the right to monitor

–          Don’t create a ‘smoking gun’ with GPS tracking records

–          Limit use of GPS technology to monitor employees only during working hours

–          Strictly define appropriate use of company vehicles and cell phones

–          Include notice and consent language

–          Regularly recalibrate GPS equipment

–          Maintain safeguards on records

Towns, D.M and Cobb, L.M. (2012). NOTES ON: GPS TECHNOLOGY; EMPLOYEE MONITORING ENTERS A NEW ERA. Labour Law Journal. 63 (3), 203-208