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2018 September

The Witness in Your Pocket

By Nate Vogel & Michael Hollander

Smartphones track our every movement and record in extraordinary detail our location throughout the day. Workers can use this tracking information to help prove the hours that they worked at a job in wage-theft cases that lack strong evidence. As opposed to notebooks and work-tracking applications, smartphone data are collected without requiring prior affirmative action by the user, and this makes the data ideal for wage cases. Community Legal Services created a web-based tool that helps extract location data and make an Excel timesheet for introduction in court. This evidence should be admissible, with the help of an expert, as a nonhearsay recording of the phone’s location.

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