A field crew clocks in from a job site, the office wants proof they were there, and somebody asks whether tracking phones is even legal. The three state monitoring-notice statutes we found do not settle whether you may collect location; they settle what you must tell people first, and they penalize an employer that monitors without notice. None of them requires anything a careful employer would not do anyway.
This page is our reading of the statutes, not legal advice. California, Illinois and other states have privacy, wiretap or data laws that can also apply; check yours before rolling out.
What the state notice laws say
| State | What it covers | What the employer must do | Penalty |
|---|---|---|---|
| New York (Civil Rights Law § 52-c) | Monitoring of employees' telephone, email, and internet access or usage | Prior written notice upon hiring, acknowledged in writing or electronically, plus a notice posted where employees can see it | Civil penalty up to $500 for a first offense, $1,000 for a second, $3,000 for each later one |
| Connecticut (Gen. Stat. § 31-48d, as amended by Public Act 26-73 from October 1, 2026) | Collecting information on the employer's premises about employees' activities or communications by any means other than direct observation | Prior written notice of the types of monitoring and the specific locations on the premises where it may occur (a conspicuous posting, including at those locations, counts as that notice; airports and security-and-safety monitoring are exempt from naming locations); employees hired on or after October 1, 2026 also get a plain-language written statement, before they start, of which prohibited activities may be monitored without notice | Civil penalty up to five hundred dollars for a first offense, one thousand for a second, three thousand for each later one |
| Delaware (19 Del. C. § 705) | Monitoring of employees' telephone, email, or internet access or usage | A daily electronic notice, or a one-time notice the employee acknowledges | $100 per violation |
Notice what the table does not say. None of these statutes names GPS. New York and Delaware are written around phones, email and the internet; Connecticut's applies on the employer's premises. A location ping from a time clock app on a phone sits close enough to all three that we would treat it as covered and give the notice anyway. It costs one paragraph in the onboarding packet.
Our rules for GPS clock-in
- Tell everyone, in writing, before the first punch, and keep the acknowledgment. Use written notice plus acknowledgment as the company-wide baseline, then add each state's own extras from the table: in Connecticut, from October 1, 2026, the specific monitoring locations and the separate pre-employment statement for new hires.
- Record location at punch-in and punch-out, or while on the clock, never after. The federal FLSA record you must keep is hours worked, not where someone spends their evening.
- Use geofences to prompt, not to punish. A clock-in refused outside a geofence can leave a worker unpaid for real work; route it to a manager instead.
- Decide who sees the map and how long you keep location history, and write that down too.
Which tools record location, and on which plan
| Tool | GPS | Geofencing | Published entry price |
|---|---|---|---|
| Workyard | From the Starter plan | From Pro, including restricting clock-in to a geofence | From $6 per user a month, billed annually |
| Timeero | From the Basic plan | From Pro | $5 per user a month, billed annually |
| Clockify | From the Pro plan | Not covered by our source | Pro price not in our dated record; Basic starts at $3.99 per seat a month, billed annually |
| Buddy Punch | GPS on punches from Starter; real-time GPS as a paid add-on | Basic geofencing from Pro | $19 a month plus $4.99 per user, billed annually |
| Toggl Track | Toggl states it does not record location | Not covered by our source | Not a GPS tool |
Plan names and features come from each vendor's pricing page, read October 27, 2026.
Our pick
Workyard for construction and field crews. GPS is in its entry plan and geofenced clock-in is one tier up, which matches how crews actually work: many sites, a phone in a pocket, a foreman who approves the exceptions.
- Pick Timeero instead if price decides: GPS is on its cheapest plan, the lowest GPS-plan price we recorded ($5 per user a month, billed annually; Workyard starts at $6, Buddy Punch's Starter adds a $19 monthly base fee to $4.99 per user, and Clockify's Pro price, the plan where its GPS starts, was not in our dated record), and it suits mobile workers who also log routes and mileage.
- Pick Clockify instead if you already use it for project time; it is our overall pick in time tracking, but GPS starts on its Pro plan, not the entry plan.
- Who should skip GPS entirely: office and remote teams. If you only need hours, Toggl Track records no location at all, which removes the question.
Traceable evidence
Sources for this decision
- officialNew York Civil Rights Law § 52-c, employer electronic monitoringNew York State Senate · checked Oct 27, 2026 · supports: New York's rule that an employer monitoring employees' telephone, email or internet access or usage must give prior written notice upon hiring, obtain a written or electronic acknowledgment and post a notice, with civil penalties of up to five hundred, one thousand and three thousand dollars; it does not expressly address GPS location data.Open source ↗
- regulatorElectronic Monitoring NoticeConnecticut Department of Labor · checked Aug 5, 2026 · supports: Connecticut Department of Labor notice poster reproducing General Statutes § 31-48d: electronic monitoring defined as collecting information on the employer's premises by means other than direct observation, prior written notice satisfied by a conspicuous posting, the misconduct exception and maximum civil penalties of five hundred, one thousand and three thousand dollars; it does not determine every monitoring practice or multistate obligation.Open source ↗
- officialConnecticut Public Act 26-73, An Act Concerning the Electronic Surveillance of EmployeesConnecticut General Assembly · checked Oct 27, 2026 · supports: Connecticut Public Act 26-73 (approved June 4, 2026), amending General Statutes 31-48d effective October 1, 2026: prior written notice must state the types of electronic monitoring and the specific locations on the premises where it may occur, a conspicuous posting including at those locations counts as notice, employees hired on or after October 1, 2026 receive a plain-language written statement of prohibited activities that may be monitored without notice before they start, location disclosure does not apply at airports or for security and safety monitoring, and civil penalties stay at five hundred, one thousand and three thousand dollars; it does not expressly address GPS location data.Open source ↗
- officialDelaware Code title 19 § 705, notice of monitoring of telephone, e-mail and internet usageState of Delaware · checked Oct 27, 2026 · supports: Delaware's requirement that an employer monitoring employee telephone, email or internet usage give a daily electronic notice or a one-time notice the employee acknowledges, with a civil penalty of one hundred dollars per violation; it does not expressly address GPS location data.Open source ↗
- regulatorFLSA Recordkeeping and ReportingU.S. Department of Labor · checked Aug 5, 2026 · supports: Federal records that covered employers must preserve under the FLSA and their retention context; it does not prove a timekeeping or payroll configuration is accurate.Open source ↗
- vendorWorkyard pricing page, plan featuresWorkyard · checked Oct 27, 2026 · supports: Workyard's pricing-page statement of which plan includes GPS tracking (Starter), geofences and restricting clock-in to geofences (Pro) and verifying clock-in with facial photos (Pro); it does not describe how photos are processed or prove legal compliance.Open source ↗
- vendorClockify pricing page, plan featuresClockify · checked Oct 27, 2026 · supports: Clockify's pricing-page statement that GPS tracking starts on the Pro plan and that its kiosk can take a photo at clock-in, plus its free plan terms; it does not describe facial matching or prove legal compliance.Open source ↗
- vendorTimeero pricing page, plan featuresTimeero · checked Oct 27, 2026 · supports: Timeero's pricing-page statement of which plan includes GPS tracking (Basic), geofencing (Pro) and facial recognition on a kiosk (Premium); it does not describe how facial data is stored or prove legal compliance.Open source ↗
- vendorBuddy Punch pricing page, plan featuresBuddy Punch · checked Oct 27, 2026 · supports: Buddy Punch's pricing-page statement that GPS on punches starts on Starter, basic geofencing on Pro, real-time GPS is a paid add-on and Pro adds webcam photos on punches; it does not prove legal compliance.Open source ↗
- vendorToggl Track pricing page and FAQToggl · checked Oct 27, 2026 · supports: Toggl's statement on its pricing page that Toggl Track does not record location, and its free plan terms; it does not describe every data point the product collects.Open source ↗
- vendorWorkyard pricing pageWorkyard · checked Oct 27, 2026 · supports: Workyard's own pricing page as read on 2026-10-27, supporting the entry list price of its Starter plan (From $6 per user/month, billed annually) and the page details recorded with it (GPS from Starter; geofences and facial-photo clock-in from Pro), and whether a free plan exists. It does not prove the total cost for a given buyer, later price changes, promotions, negotiated discounts or taxes.Open source ↗
- vendorTimeero pricing pageTimeero · checked Oct 27, 2026 · supports: Timeero's own pricing page as read on 2026-10-27, supporting the entry list price of its Basic plan ($5 per user/month, billed annually) and the page details recorded with it ($6 billed monthly; geofencing from Pro; facial recognition kiosk on Premium), and whether a free plan exists. It does not prove the total cost for a given buyer, later price changes, promotions, negotiated discounts or taxes.Open source ↗
- vendorClockify pricing pageClockify · checked Oct 27, 2026 · supports: Clockify's own pricing page as read on 2026-10-27, supporting the entry list price of its Basic plan ($3.99 per seat/month, billed annually) and the page details recorded with it ($4.99 billed monthly; GPS from the Pro plan), and a free plan (Yes, up to 5 users). It does not prove the total cost for a given buyer, later price changes, promotions, negotiated discounts or taxes.Open source ↗
- vendorBuddy Punch pricing pageBuddy Punch · checked Oct 27, 2026 · supports: Buddy Punch's own pricing page as read on 2026-10-27, supporting the entry list price of its Starter plan ($19/month + $4.99 per user, billed annually) and the page details recorded with it ($5.99 per user billed monthly; basic geofencing from the Pro plan), and whether a free plan exists. It does not prove the total cost for a given buyer, later price changes, promotions, negotiated discounts or taxes.Open source ↗
- vendorWorkyard official product siteWorkyard · checked Aug 5, 2026 · supports: Vendor-published product scope used to verify capabilities relevant to this buyer context: Construction and field teams evaluating job-site time, location, and job-costing workflows.. It does not prove the guide's fit verdict, configured performance, current pricing or compliance.Open source ↗
- vendorClockify official product siteClockify · checked Aug 5, 2026 · supports: Vendor-published product scope used to verify capabilities relevant to this buyer context: Teams comparing flexible project and employee time tracking across varied work types.. It does not prove the guide's fit verdict, configured performance, current pricing or compliance.Open source ↗
- vendorTimeero official product siteTimeero · checked Aug 5, 2026 · supports: Vendor-published product scope used to verify capabilities relevant to this buyer context: Mobile and field workforces evaluating time, GPS, routes, mileage, and payroll-ready records.. It does not prove the guide's fit verdict, configured performance, current pricing or compliance.Open source ↗
- vendorBuddy Punch official product siteBuddy Punch · checked Aug 5, 2026 · supports: Vendor-published product scope used to verify capabilities relevant to this buyer context: Hourly employers evaluating employee clock-in, attendance, scheduling, and payroll handoffs.. It does not prove the guide's fit verdict, configured performance, current pricing or compliance.Open source ↗
- vendorToggl Track official product siteToggl Track · checked Aug 5, 2026 · supports: Vendor-published product scope used to verify capabilities relevant to this buyer context: Knowledge-work and service teams evaluating lightweight time capture and project reporting.. It does not prove the guide's fit verdict, configured performance, current pricing or compliance.Open source ↗