Next month, New Jersey private employers will need to start informing drivers before using GPS tracking devices in the vehicles they operate. A new state law that becomes effective April 18, 2022, requires employers to provide written notice to employees before using “electronic communications devices” or “electronic or mechanical devices” that are used for the purpose of tracking the movement of a vehicle, person, or device. As defined in the law, “electronic communications 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 under the law would include, for example, cellphone apps with geolocation technology for salespeople, devices issued by insurance carriers to monitor safe driving, and a GPS locators that track delivery drivers on their routes. The law excludes “devices used for the purpose of documenting employee expense reimbursement” from the notice requirement. In addition, nothing in the law supersedes regulations governing interstate commerce, including as to the use of electronic communications devices mandated by the Federal Motor Carrier Safety Administration.
Employers that violate the law could face a fine of $1,000 for the first violation and up to $2,500 for each subsequent violation.
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