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GPS tracking badges for employees: law, notice and data

Name: GPS tracking badges for employees: law, notice and data
Brand: ZeroBadge

Whether and how you can issue GPS tracking badges to employees depends on state law. California's Penal Code 637.7 restricts electronic tracking devices, and New York and Connecticut require written notice of electronic monitoring. A defensible badge program tracks only during paid shifts on company-owned badges, gives written notice with signed acknowledgment, and deletes raw location data on a schedule.

Last updated October 29, 2026

This is general information, not legal advice. Laws differ by state and change over time. Check the primary sources below and talk to an employment lawyer about your situation.

Start here: what this page is and is not

This page covers one specific setup: a company-owned badge, issued for work, that records location during the paid shift. For the broader question of tracking workers through their own phones or vehicles, read is it legal to GPS track employees.

State laws to check before issuing location badges

The laws below are a starting point, each read on the official state site. They are examples, not a complete list. Other states have their own rules, and the list changes.

Laws that bear on an employer-issued location badge (read 2026-10-29)
Law	What the text says	What it means for a badge program
California Penal Code 637.7	No person or entity in California may use an electronic tracking device to determine the location or movement of a person. The written consent exception covers the registered owner, lessor or lessee of a vehicle. A violation is a misdemeanor.	The text has no express exception for an employee who agrees to wear a tracked device. Treat written notice, signed acknowledgment and work-hours-only tracking as the minimum, and get a California lawyer's view.
New York Civil Rights Law 52-c (the employer monitoring section)	Employers that monitor employees' phone, email or internet access or usage must give written notice at hiring, get it acknowledged in writing or electronically, and post it. The attorney general enforces it, with civil penalties of up to $500, $1,000 and then $3,000 per offense.	Location badges are not named in the text. Whether it reaches a GPS badge is a question for counsel, but giving the same notice, acknowledgment and posting costs little.
Connecticut Gen. Stat. 31-48d, as replaced by Public Act 26-73 (effective October 1, 2026)	Employers must give prior written notice of the types of electronic monitoring and the specific locations on the premises where it may occur, post the notice, and give employees hired on or after October 1, 2026 a plain-language statement before they start. Civil penalties run up to $500, $1,000 and then $3,000.	The definition covers information collected on the employer's premises, which a jobsite may or may not be. Post a notice that names location badges and give each worker a copy.
California Consumer Privacy Act (CCPA)	The temporary exemption for employment-related personal information expired on December 31, 2022. Covered businesses must give a notice at collection listing the categories of personal information and why they are used. Precise geolocation is listed as sensitive personal information.	If your company is covered by the CCPA, your notice at collection to California employees should name badge location data, its purpose and how long it is kept.

Penalty amounts are the maximums stated in each statute as read on the official site. Check the current text before relying on any figure.

Track the shift, not the person

The strongest design choice an employer can make is to record location only during paid work time, on a device the company owns. A badge that is powered off between shifts collects nothing at home, on the commute or on days off, which is easier to explain to a crew and to defend if asked.

Phone app tracking versus a company badge, from a privacy point of view
Question	App on a worker's personal phone	Company-owned ZeroBadge badge
Whose device holds the data?	The worker's	The company's
Can tracking run outside the shift?	Depends on app settings and permissions the worker controls	No. The badge is off between shifts, and power off ends the shift.
Does it touch personal apps, photos or contacts?	It lives on the same phone	No. The badge is a separate device with no personal content.
Who pays for the data plan?	Often the worker, which can raise reimbursement questions in some states	The badge has its own cellular connection

What a badge records on a typical workday

Before 6:30 AMBadge is off at home or in the truck. Nothing is recorded.
6:30 AMWorker powers the badge on at the shop. The shift starts and readings begin, about every 5 minutes.
6:30 AM to 3:00 PMReadings place the worker at jobsites, in transit or elsewhere. Each reading stores its method (GPS, Wi-Fi positioning or cellular continuity) and confidence.
3:00 PMWorker powers the badge off. The shift ends.
After 3:00 PMBadge is off. Nothing is recorded on the drive home, overnight or on the weekend.

How long location data is kept

ZeroBadge deletes raw location history after 90 days and keeps timesheets. That split matches what each record is for: location readings exist to build and check the week, while hours are payroll records employers must keep for years.

Retention by record type
Record	Kept for	Why
Raw location readings (each ping with method and confidence)	Deleted after 90 days	Long enough to review the week, settle a correction request or answer a question about a recent shift
Timesheets and approved hours	Kept	Federal rules require basic time records for at least 2 years and payroll records for at least 3 years (29 CFR 516.6 and 516.5). State rules can be longer.
Corrections and their audit trail	Kept with the timesheet	Shows who changed what and why. Nothing is silently edited.
Weekly timesheet PDF	Kept as an unchangeable version	The record of what was approved

Access is role-based (admin, supervisor, worker), admins sign in with MFA, and an audit log records activity. Your own records policy should still say who in your company can view location data and for what purpose.

How to tell workers about the badge

Tell workers in writing before the first shift, get a signed or electronic acknowledgment, and post the notice where crews will see it. Then explain it in person at a toolbox talk, because a written policy nobody has talked through is how rumors start.

1
Write the notice
Say what the badge records, when, why, who can see it and how long it is kept. Use plain words and the checklist below.
2
Have counsel review it
Especially for California, New York, Connecticut and any union crews. Add state-specific language they recommend.
3
Hand it out and collect acknowledgments
Give each worker a copy before their first badge shift. Keep the signed or electronic acknowledgment in the personnel file.
4
Post it
Put a copy where notices are already posted, at the shop and in the job trailer.
5
Explain it at a toolbox talk
Show the badge, show that power off ends tracking, and show a worker what their own week looks like. More in rolling out time tracking to crews.

The badge is company property, issued for work, and is to be powered off at the end of each shift.
It records location about every 5 minutes only while powered on, to build timesheets and confirm time at each jobsite.
Location methods are GPS outdoors, Wi-Fi positioning indoors and cellular readings marked low confidence. It shows which jobsite, not which room.
Who can see the data: named roles in the office and the worker's supervisor.
Raw location readings are deleted after 90 days. Timesheets are kept as payroll records.
How to see your own hours and request a correction (the optional worker web portal, or your supervisor).
Who to contact with questions about the policy.

Frequently asked questions

Do I need an employee's consent to issue a GPS tracking badge?

It depends on the state. Some states require written notice rather than consent, and California's Penal Code 637.7 restricts electronic tracking devices with a consent exception written for vehicles. A cautious program gives written notice, collects a signed acknowledgment and tracks only during paid shifts. Ask an employment lawyer for your states. This is general information, not legal advice.

Can an employer track workers after hours with a badge?

A ZeroBadge badge records nothing while powered off, and powering it off ends the shift. Badges are meant to be off between shifts, so there is no after-hours location record to collect.

What if a worker turns the badge off in the middle of a shift?

Powering off ends the shift, so the day shows an early finish on the exceptions list. The supervisor talks to the worker and corrects the record if needed. Every correction keeps an audit trail.

How long does ZeroBadge keep location data?

Raw location history is deleted after 90 days. Timesheets and approved hours are kept, because federal rules require employers to keep time and payroll records for 2 to 3 years (29 CFR 516.6 and 516.5).

Who can see a worker's location?

Access is role-based: admins, supervisors and workers see different things, admins sign in with MFA, and an audit log records activity. Your notice to workers should name which roles in your company can view location data.

Is a company badge better for privacy than a phone app?

It separates work from personal life. The badge is company property with no personal content on it and is off between shifts, while an app runs on the worker's own phone. See time tracking without phones.

Sources

1.California Penal Code section 637.7 (electronic tracking devices) · California Legislative Information
2.New York Civil Rights Law section 52-c: employers engaged in electronic monitoring, prior notice required · New York State Senate
3.Connecticut Public Act 26-73 (replacing Gen. Stat. 31-48d), electronic monitoring notice · Connecticut General Assembly
4.California Consumer Privacy Act (CCPA): notice at collection and expiry of the employee-data exemption · California Department of Justice, Office of the Attorney General
5.29 CFR 516.5, Records to be preserved 3 years · Electronic Code of Federal Regulations
6.29 CFR 516.6, Records to be preserved 2 years · Electronic Code of Federal Regulations