American here. I have a job where they have a perk where you submit receipts through their app or website and you earn points you can cash out at some point if you shop with clients of our company. Sounds like a nice little promotional incentive, right?
Well, they say it’s optional but it’s not. You can apparently get in trouble for not using this and we’ve been pulled aside about it and warned we must use this stupid thing.
The idea is the app you install must be given permission to see your location at all times. It then checks the area to ensure you are favoring clients of our company as opposed to our competitors when you shop. When you shop at one of our clients, you must report your receipt to the company showing everything you bought while there. Even if you are buying gas, you need to report it.
I don’t participate in this invasion of privacy. I actually want to put less of my data out there in general, not more. I don’t even have a grocery store discount card. We were told in a meeting this week that promotions in this company are influenced by how much/if you participate in the program. We were told people have been denied promotions because they did not participate in this program.
If I’m off the clock they don’t get to decide what I do. They can fuck themselves. And I am surely not giving them a little report of what I buy. But saying we are ineligible for career advancement within the company unless we buy groceries, gas, etc from preferred vendors seems sketchy. Is this legal?
IANAL, but it is an interesting question to consider whether it would be illegal in Australia (if anything, as a test to see if the right laws are on the books to block this kind of thing). The laws are likely different in the US, and it might vary from state to state.
The Fair Work Act 2009 (Commonwealth), s325 provides that:
I think you could imagine the employer arguing a few lines:
So I think it would probably be contrary to s325 of the Fair Work Act in Australia.
Another angle could be the right to disconnect under s333M of the Fair Work Act:
If someone has a work and a personal phone, and has the app on the work phone, but refuses to use take the work phone or install an app on their personal phone so they can respond to tracking requests from the employer, then maybe this also fits.
I also wonder if in Australia this could also be a form of cartel conduct - it is an arrangement of where purchases (other than those the company should legitimately control) are directed centrally under an arrangement by an organisation.
Under s45AD of the Competition and Consumer Act 2010,
So the purpose condition has several alternatives separated by ‘or’, one of which is:
It sounds like there is a solid argument the purpose condition is met - they are allocating where people who are part of the arrangement (employees) shop.
They’d also need to meet the competition condition for it to be cartel conduct. For this to be met, the arrangement might need to include the clients of the company:
So it could be argued that this is a cartel arrangement between the company, its clients, and its employees, and so attract penalties for cartel conduct.
They call it “being a team player.” It basically means we will guilt you for not being unreasonably obedient.
Still, more than likely, illegal.
You know a fair way to get employees to buy what you want them to? Sell things to them at cost.