New Jersey Employers to Disclose Employee Monitoring During Travel
Under the new law, employers cannot use tracking or electronic communications devices in a vehicle used by an employee unless they first provide written notice to the employee.
Published: 02.25.2022
Employers Will Need To Provide Written NoticeNew Jersey has adopted a new law to protect employee privacy in the workplace. Under the new law, employers cannot use tracking or electronic communications devices in a vehicle used by an employee unless they first provide written notice to the employee. The new law becomes effective April 19, 2022.
However, nothing in this law is meant to be construed to supersede regulations regarding interstate commerce, including but not limited to the usage of electronic communications devices as mandated by the Federal Motor Carrier Safety Administration.
Affected Employers
The new law applies to employers, their agents, representatives and designees but excludes public employers and public transportation systems (including chartered or scheduled bust transportation, whether operated by a public or private company).
Tracking and Electronic Devices
The law defines electronic communications devices as any device that uses electronic signals to create, transmit and receive information, including a computer, telephone, personal digital assistant or other similar devices.
Similarly, a tracking device is an electronic or mechanical device that permits the tracking of the movement of a vehicle, person or device.
Enforcement
Failure to comply with this requirement is a fourth-degree crime, punishable by a fine, imprisonment or both.
Source: Zywave HR360
