SMS Consent Best Practices for Cover Shifts

If you’re using TrackPath’s Cover Shifts feature to notify associates about available shifts via SMS, it is important to obtain proper consent from your employees before enrolling them in SMS notifications. This page outlines recommended practices to help ensure compliance with SMS messaging regulations.

SMS messaging is regulated to protect consumers from unwanted messages. Proper consent helps you:

Maintain regulatory compliance and avoid potential fines
Ensure uninterrupted Cover Shifts notification services
Reduce legal liability for your organization
Build and maintain employee trust

TrackPath strongly recommends that all customers using SMS notifications maintain documented, verifiable consent from all participating associates.

Any consent mechanism you use (employment agreement, onboarding form, standalone consent form, etc.) should include the following elements:

1. Clear Disclosure of the Program

Associates should be informed about:

Program name and purpose: Notifications for shift changes
Your company/brand name: The organization sending the messages
Types of messages: Work schedule notifications, shift availability alerts, shift confirmations

Example language:

“By providing your mobile phone number and consenting below, you agree to receive SMS text messages from [Your Company Name] via TrackPath regarding available work shifts, schedule changes, and shift confirmations.”

2. Message Frequency

Clearly state how often associates can expect to receive messages.

Example language:

“Message frequency varies based on shift availability and your eligibility. You may receive up to 10 messages per week during peak periods, or as few as 1-2 messages per month.”

3. Cost Disclosure

Recommended language:

“Message and data rates may apply.”

4. Opt-Out Instructions

Associates should be informed of their right to stop receiving messages at any time.

Recommended language:

“You may opt out of receiving SMS messages at any time by replying STOP to any message. You can also contact [your HR contact/support email] to opt out.”

5. Help/Support Instructions

Provide a way for associates to get help with the SMS system.

Example language:

“For help or questions about TrackPath SMS notifications, reply HELP to any message or contact [support email/phone].”

Associates should be clearly informed that SMS consent is optional and not a condition of employment unless SMS availability is genuinely required for the position.

Recommended language:

“Consent to receive SMS notifications is not a condition of employment. However, opting in may help you receive shift opportunities more quickly.”

OR (if SMS is truly required for the role):

“Due to the nature of this position, availability to receive SMS shift notifications is required. Failure to maintain an active mobile number may impact your ability to receive shift assignments.”

Consent can be captured in several ways. We recommend documenting and maintaining records of consent. Common approaches include:

Option 1: Employment Agreement or Offer Letter

Include an SMS consent section in your standard employment agreement or offer letter. This should be a separate, clearly labeled section (e.g., “Section 5: SMS Notifications and Consent”).

Create a dedicated SMS consent form that associates sign during onboarding or when the Cover Shifts feature is introduced.

Option 3: Digital Onboarding Platform

If you use a digital onboarding system, include the SMS consent as a separate step with a clear checkbox and all required disclosures.

TrackPath may offer in-app consent collection in the future. Check with support for availability.

Below is a complete example you can adapt for your employment agreement, standalone form, or onboarding process:

SECTION [X]: SMS NOTIFICATIONS CONSENT

TrackPath Cover Shifts SMS Program

[Your Company Name] uses software to manage work schedules and notify employees of available shifts. By providing your mobile phone number and consenting below, you agree to receive SMS text messages from [Your Company Name] regarding:

Available shift opportunities
Shift confirmations and assignments
Schedule changes and updates

Message Frequency: Message frequency varies based on shift availability and your eligibility. You may receive up to [X] messages per week during peak periods.

Cost: Message and data rates may apply. [Your Company Name] is not responsible for carrier charges.

Opt-Out: Consent to receive SMS notifications is not a condition of employment. You may opt out at any time by replying STOP to any message or by contacting [HR contact/email]. Opting out will not affect your employment status, but you may not receive shift notifications via SMS.

Help: For help with SMS notifications, reply HELP to any message or contact [support email/phone].

By signing below or checking this box, I consent to receive SMS notifications from [Your Company Name] via TrackPath as described above.

☐ I consent to receive SMS notifications (optional)

Associate Signature

Print Name

Mobile Phone Number

Date

Common Pitfalls to Avoid

❌ Pre-checked consent boxes — Associates should actively opt in; consent cannot be assumed.

❌ Buried or vague language — SMS consent should be clear, conspicuous, and separate from other terms.

❌ Mandatory consent for all roles — Unless SMS availability is genuinely required for the job function, consent should be optional.

❌ Missing disclosures — Consider including all six key elements (program name, frequency, cost, opt-out, help, voluntary nature).

❌ No documentation — It’s helpful to maintain signed consent forms or records for your records.

❌ Verbal-only consent — Written documentation (physical or electronic signature) is recommended.

Best Practices for TrackPath Users

To get the most out of Cover Shifts SMS notifications and maintain compliance, we recommend:

✅ Maintain documented consent from associates enrolled in SMS notifications
✅ Include key disclosures in your consent mechanism
✅ Make consent voluntary unless genuinely required for the role
✅ Keep consent documentation available for your records
✅ Honor opt-out requests promptly and remove associates from SMS notifications within 24 hours

Following these practices helps ensure smooth operation of SMS services and regulatory compliance.

Updating Existing Associates

If you’re already using Cover Shifts and need to implement proper consent procedures, you should:

Review your current employment agreements — Determine if adequate SMS consent language already exists
Distribute a standalone consent form to all existing associates who will receive SMS notifications
Track and document consent — Maintain records of who has consented and when
Remove associates who decline — Do not send SMS messages to associates who do not provide consent

Documentation for Compliance

To support SMS carrier requirements and regulatory compliance, it can be helpful to have available:

A copy of your employment agreement section covering SMS consent (redacted for sensitive info), OR
A copy of your standalone SMS consent form template, OR
A screenshot/sample showing how digital consent is captured

Maintaining these records can help demonstrate compliance if needed for audits or carrier verification processes.

Questions or Need Help?

If you have questions about SMS consent requirements or need assistance implementing proper consent procedures, please contact TrackPath Support at [email protected].

Last Updated: October 27, 2025