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- Title
Collective Action, Legislation, and Creative Litigation at the Intersection of Geospatial Data and Workers' Rights.
- Authors
Macaluso, Maria; Levinson, Ariana R.
- Abstract
“Geospatial data†is a term familiar to most geographers but much less familiar to most attorneys, employment law scholars, and workers’ rights activists. In this article, we explain what geospatial data is and provide examples of the types of geospatial technology being used to track employees, including geopositioning system (GPS), radio frequency identification (RFID), and microchipping implants. We illuminate the various ways that unionization protects employees from misuse of geospatial data, such as providing the right to bargain over implementation of new surveillance technologies and protection to be disciplined based on geospatial data only for cause. Examples of contractual provisions, such as those in the Teamsters and UPS collective bargaining agreements and professional sports contracts, that establish joint decision-making processes over the use of geospatial technology are identified. We illustrate state laws that protect against misuse of geospatial technology, such as laws prohibiting microchipping, regulating tracking devices, requiring notice before an employer monitors an employee, and prohibiting termination because of lawful off-duty conduct. We provide examples of cases brought in tort for invasion of privacy and under the Fourth Amendment for unlawful search by employees whose employers were tracking them during their personal time. We discuss and endorse other scholars’ proposals advocating employer implementation of best practices and passage of federal legislation. We conclude by calling for more comprehensive regulation of employer surveillance and use of geospatial data and more legal protection for workers to collectively define the appropriate employment processes and procedures.
- Subjects
EMPLOYEE rights; GEOSPATIAL data; COLLECTIVE labor agreements; EMPLOYEE surveillance; RIGHT of privacy; LABOR organizing; COLLECTIVE action; ACTIONS &; defenses (Law)
- Publication
ABA Journal of Labor & Employment Law, 2022, Vol 36, Issue 2, p299
- ISSN
2156-4809
- Publication type
Article