What is the law regarding a tracking app on personal devices?

UPDATED: Oct 1, 2022

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What is the law regarding a tracking app on personal devices?

Our school district is requiring all employees to download a tracking app to our personal devices in order to

Asked on February 21, 2019 under Employment Labor Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This is perfectly legal: employers have the power to set terms or conditions on employment, and can make one of those terms or conditions that employees consent to having the tracking device on their phones and to being tracked. Employees who refuse may be terminated, unless there is a written contract (including union or collective bargaining agreement covering that employee) which prevents termination for that reason--but without a contract to the contrary, employees may be terminated at will for refusing employer instructions or rules, even ones that effect non-work time. (For example: employers may also legal bar moonlighting or side jobs.) Or employees who don't want to be tracked may seek other employment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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