An Act requiring employers to notify employees of the use of a tracking device in vehicles has been introduced by the New Jersey Legislature. Effective on July 4, 2022, the Act will prohibit an employer from using a tracking or communications device in a vehicle operated by the employee without obtaining written consent or providing written notice to the employee.
The devices could be anything that creates, transmits, or receives information, such as:
- Computer
- Telephone
- Personal digital assistant
Or any other device, electronic or mechanical, which is designed for the sole purpose of tracking the movement of a vehicle, person, or device. It does not include devices used for the purpose of documenting employee expense reimbursement.
There are some employers that won’t be affected by this new Act. Included in the exceptions are:
- The Department of Corrections
- State Parole Board
- County Correctional Facilities
- Any State or local government entity
- Public transportation system
Penalties
An employer will be considered to have committed a crime in the fourth degree if they:
- Use a tracking device or similar in a vehicle used by an employee that is not provided by the employer; or
- Fail to obtain written employee consent or use of a tracking device or similar in an employer provided vehicle.
Any violations of this Act will be fined up to $1,000 for the first offence and then up to $2,500 for each subsequent violation.
Read more about privacy news in New Jersey.
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