Watching workers: Debating the legality of 24/7 tracking

Myrna Arias had been working for the wire transfer company Intermex for two months when her boss told her to download an employee tracking app to her company-issued smartphone.

She was told to never disable it, but after a joke by a supervisor raised privacy concerns, she deleted the app and was promptly fired. Now, Arias is suing, alleging she was fired after complaining about the app's intrusion into her private life.  

Do employers have a right to track their employees at all times, even when they're off the clock? Is that an acceptable demand? And should employees agree to be tracked? 


Gail Glick, partner at Alexander, Krakow and Glick in Santa Monica and attorney for Myrna Arias

Sue Bendavid, chair of the employment law department for the Lewitt Hackman Law Group in Encino