New Jersey Employers Must Provide Notice Before Using Tracking Devices in Vehicles Used By Employees



A new law that takes effect in New Jersey on April 18, 2022 requires most private employers to provide written notice to employees before using tracking devices in vehicles operated by employees.

The law defines “tracking device” as “an electronic or mechanical device which is designed or intended to be used for the sole purpose of tracking the movement of a vehicle, person, or device.” (Emphasis added.) There is an exception if the device is used to document employee expense reimbursement.

The law applies whether the vehicle is a company-owned vehicle or a vehicle owned by the employee and provides civil penalties, up to a maximum of $2,500 per violation, for employers that knowingly make use of a tracking device without providing written notice to employees.

The law does not supersede regulations governing interstate commerce.

Organizations should prepare for the effective date of the new law by developing procedures to comply with the notice requirement.  Organizations should consider providing notice to employees even if the device will be used to document expense reimbursement and should also consider requiring and retaining written acknowledgement by employees of receipt of the notice.

Questions?

If you have questions about any of the topics discussed above, please contact Kent E. Hansen, Esq. (khansen@probonopartner.org or 973-240-6955 ext. 304).

This document is provided as a general informational service to volunteers, clients, and friends of Pro Bono Partnership. It should not be construed as, and does not constitute, legal advice on any specific matter, nor does distribution of this document create an attorney-client relationship.