New Jersey Law Requiring Employers to Provide Notice Before Tracking Employee-Operated Vehicles to Take Effect | Practical Law

New Jersey Law Requiring Employers to Provide Notice Before Tracking Employee-Operated Vehicles to Take Effect | Practical Law

New Jersey has enacted a law that will require written notice to track vehicles operated by employees.

New Jersey Law Requiring Employers to Provide Notice Before Tracking Employee-Operated Vehicles to Take Effect

by Practical Law Data Privacy & Cybersecurity
Published on 01 Apr 2022 • New Jersey
New Jersey has enacted a law that will require written notice to track vehicles operated by employees.
Effective April 18, 2022, New Jersey AB 3950 () prohibits employers from knowingly using a tracking device in a vehicle used by an employee without providing the employee with written notice. Notably, the law's scope is not limited to employer-owned vehicles.
The law defines "tracking device" to include an electronic or mechanical device designed or intended solely to track movement, but excludes devices used to document mileage for employee expense reimbursement. Violators are subject to civil penalties capped at $1,000 for a first violation and $2,500 for a second violation.
The law does not apply to:
  • State or local government entities.
  • Public transportation systems, whether privately or publicly operated.
  • The Department of Corrections, the State Parole Board, or county corrections departments.
Employers who are subject to the law should ensure they provide, and retain, timely notice to employees regarding any tracking devices used.