The director of the New York Department of Labor's Office of Staff and Organizational Development was investigated for potential time and attendance fraud using a GPS tracking device that was installed on his car without his knowledge. Now, the State Court of Appeals must determine whether this infringed upon the worker's civil liberties.

The Associated Press reports that Michael Cunningham's lawyer argued the month-long employee tracking effort - which was conducted in 2008 - violated the rights of Cunningham and his family. Their movements were monitored outside of working hours, including a vacation they took together.

However, Assistant Solicitor General Kate Nepveu claims the action was reasonable given the indications that false employee attendance records were being filed.

Donna Lieberman, executive director of the New York Civil Liberties Union, noted that "the courts have already prohibited police from using GPS devices to track people without a warrant." She referred to a May 2009 ruling by the court that police must get a warrant before tracking criminal suspects using a GPS. 

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