Client Alert- AB 984- New Digital License Plate Law

Employers may use vehicle location technology with alternative devices on fleet vehicles and commercial vehicles to track and monitor employees during work hours, but only if strictly necessary for the performance of the employee’s duties. Very detailed employee notice requirements must be followed prior to implementing employee monitoring. The notice must include, among other things, the types of activities that will be monitored, whether the data gathered will be used to make employment-related decisions (e.g. discipline and termination), when and how often monitoring will occur, and that the employee has the right to disable monitoring outside of work hours.

AB 984 does not change existing law applicable to vehicle location technology other than as part of an alternative device, such as a GPS tracking device. For public employers, use of vehicle location data for employment-related decisions, including any data gathered from an alternative device, would remain subject to negotiation. (San Bernardino Community College District (2018) PERB Decision No. 2599.)