A geofence is a circle you draw on a map. When a phone is inside it, the app knows someone's at work. It's a simple idea that stops most clock-in fraud and many forgotten punches. It also makes some employees very nervous, and they've got a point.
People hear "the company wants location on my phone" and picture a manager watching a dot move around on a screen all weekend. How you introduce it decides whether you get a useful tool or a resentful team.
There are really three different things here
It helps to be precise, because they aren't the same, and each one asks for a different level of trust.
A location check at clock-in. The phone sends its position when someone taps Clock in or Clock out. That's the only time you learn anything. If they're outside the circle, the app can refuse the punch or just record it.
Automatic clock-in. The phone is told about the store's boundary and alerts the app when it crosses. This needs "Always" location permission, which feels like a lot to ask, though the phone isn't reporting a continuous trail.
Continuous tracking. The app sends location all through the shift. This is what people are afraid of. It's used for some field jobs, such as delivery. If you don't truly need it, don't do it.
PinkLinq does the first two. We don't track continuous location.
What the law says
There's no broad federal law on private employers using GPS on employees' phones. It comes down to state law, and it's changing quickly. Here's a rough map:
- New York requires employers to give written notice, with acknowledgment on hire, and a posted notice if they monitor employees' phone, email or internet use. There's debate over how far it reaches for location. Read Civil Rights Law section 52-c.
- Connecticut requires employers to give prior written notice of electronic monitoring and to post it.
- Delaware requires notice for monitoring phone, email and internet use.
- California gives employees privacy rights under its state constitution, and its consumer privacy law can cover workers at larger companies, including notice about the data you collect.
- Some states restrict tracking a person or vehicle without consent, and a few specifically limit tracking outside work hours.
Those summaries come from secondary sources. Your own state may have other rules. Ask an employment lawyer before you make location a condition of the job, especially if people are using their own phones.
Using a personal phone raises another point in some places. A few states, including California and Illinois, can require you to reimburse necessary work expenses, and that might include a share of a personal phone. Offering a kiosk as an alternative avoids that question for anyone who objects.
Tell them before you turn it on
Whatever the law says, a written notice is cheap, and it's the respectful thing to do. Cover these points:
- What we collect. "Your location when you clock in and clock out, and nothing else."
- When. "Only at those moments. We can't see where you are the rest of the time."
- Why. "So that hours are accurate and nobody gets paid for time they weren't here."
- Who sees it. "Your manager and payroll."
- How long we keep it. Give a real answer.
- What's optional. "If you'd rather not use your phone, use the tablet by the door."
Then ask for a signature. Keep that signature on file.
A sample notice
Change this to fit what you actually do:
If you turn on automatic clock-in, add a line explaining that the phone is told about the workplace boundary, that the app needs "Always" location permission for it to work, and that people can turn it off and clock in by hand.
Set it up so it's fair
Choose the right circle. Too small, and someone in the back of the building can't clock in. Too large, and a person in the parking lot across the street can. Try it out on-site with a few phones.
Plan for the exceptions. A driver, a manager who visits several sites, or someone at a work event may need different rules. Set them per person.
Have a backup. GPS can be wrong indoors. When a phone says someone's 200 feet away, they need another way to clock in, or a manager who can fix it. Don't let a bad reading turn into a lost hour of pay.
Don't use it for discipline by surprise. If you told people it's for accurate hours, don't suddenly use it to question where they got lunch.
Pay for all time worked. A refused clock-in doesn't change when someone started working. If they were working, you owe for the time. Fix the timesheet.
How to bring it in
Start with one location and a few volunteers, and leave it on Record for a week. You'll find the problems with your circle before anyone's punch is refused. Hold a short meeting to explain it, and take every question seriously. Then roll it out, and switch from Record to Required only if you really need to.
How it works in PinkLinq
You choose Off, Record or Required, and you can set rules per person. Location is checked at clock-in and clock-out. Automatic clock-in, on Advanced and up, uses the iPhone's built-in store alerts, so we aren't receiving a trail of someone's day. Each employee has to turn it on, and short trips under 10 minutes continue the same punch. A tablet kiosk is included on every plan for anyone who'd rather not use their phone.
Where to read more
- Clockspot's research on GPS monitoring laws by state
- Morrison Foerster on New York's monitoring notice law
- New York Civil Rights Law section 52-c
This is general information, not legal advice. This area of law is moving quickly.