New Jersey Private Employers Must Provide GPS Tracking Notice


Next month, private employers in New Jersey will be required to begin instructing drivers before using GPS tracking devices in vehicles they operate. A new state law that takes effect April 18, 2022 requires employers to provide written notice to employees before using “electronic communication devices” or “electronic or mechanical devices” that are used for the purpose track the movement of a vehicle, person, or device. According to the law’s definition, “electronic communication devices” are those that use electronic signals to create, transmit and receive information, such as computers, telephones, personal digital assistants and similar devices. The notification requirement applies to both employer-owned and personal vehicles.

“Tracking” covered by the law would include, for example, mobile phone apps with geolocation technology for sellers, devices issued by insurance companies to monitor safe driving, and GPS locators that follow the delivery drivers on their routes. The law excludes “devices used for the purpose of documenting employee expense reimbursement” from the notification requirement. Additionally, nothing in the law supersedes regulations governing interstate commerce, including the use of electronic communications devices mandated by the Federal Motor Carrier Safety Administration.

Employers who break the law could be fined $1,000 for the first violation and up to $2,500 for each subsequent violation.

With the law’s enactment, New Jersey joins New York, California, Delaware and Illinois in imposing restrictions on employee monitoring outside of the workplace. Given this trend, employers who use (or wish to use) tracking devices — not just those in New Jersey and other places where such laws are in effect — should consider reviewing their policies regarding GPS and tracking. tracking other employees outside the workplace.

What New Jersey Employers Should Do Now

  • Audit the tracking devices you currently use in vehicles used by employees, to ensure that you have a full understanding of all the ways tracking devices monitor vehicles, which may include passive third-party tracking, such as such as insurance companies or fleet management companies, or on devices such as laptops, cell phones and tablets.

  • Consider updating the manual(s) and other relevant policies to provide employees with clear guidance regarding the types of tracking that occur in vehicles, and confirm that there is an acknowledgment section for the manual or politics.

  • Write a notice that accurately describes the tracking practices for vehicles used by employees, with an acknowledgment section for those employees.

©2022 Epstein Becker & Green, PC All rights reserved.National Law Review, Volume XII, Number 73


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