New Jersey Employee Privacy Law Tracker Written Notice

ByLance T. Lee

Apr 1, 2022

New Jersey private employers should be aware of the latest employee privacy law which will take effect April 18, 2022. AB 3950 prohibits employers from knowingly using a “tracking device” in a vehicle used by an employee without notifying the employee in writing.

Employers who violate this new law can be subject to civil penalties of up to $1,000 for a first violation and up to $2,500 for each subsequent violation. The law does not apply to the Department of Corrections, the National Parole Board, county correctional facilities, any state or local government entity, or any public transportation system, whether operated by a public or private company. The law also defines a tracking device as “an electronic or mechanical device that is designed or intended for use for the sole purpose of tracking the movement of a vehicle, person, or device, but does not include devices used for the purpose of documenting employees. reimbursement of expenses.”

GPS tracking of employee vehicles is not new, as several other states have laws regulating tracking devices on vehicles. Some states, such as Illinois, require the consent of the vehicle owner. In Rhode Island, the operator and all occupants of the vehicle must consent to tracking. Rhode Island has an exception that allows a company to use a tracking device to track company-owned or leased vehicles, even if they are driven by employees.

Tracking laws vary from state to state, so it’s always wise to check state law before using any type of tracking technology in an employee vehicle.

Copyright © 2022 Robinson & Cole LLP. All rights reserved.National Law Review, Volume XII, Number 91

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