Related Practices and Jurisdictions
In the next month, private employers in New Jersey must begin informing drivers before using GPS tracking devices in the vehicles they operate. A new state law, effective April 18, 2022, requires employers to give written notice to workers before using “electronic communications devices” or “electronic or mechanical devices” used for the purpose of tracking the movement of a vehicle, a person, or device. According to the legal 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 obligation to register applies to both employer-owned and private vehicles.
“Tracking” covered under the law would include, for example, cell phone apps with geolocation technology for sellers, insurance carrier-issued devices to monitor safe driving, and GPS tracking devices that track delivery drivers on their routes. The law exempts “devices used for the purpose of documenting expense reports” from the reporting requirement. Additionally, nothing in the Act supersedes regulations governing interstate commerce, including the use of electronic communications devices, as mandated by the Federal Motor Carrier Safety Administration.
Employers who violate the law can face a fine of $1,000 for the first violation and up to $2,500 for each subsequent violation.
In passing the law, New Jersey joins New York, California, Delaware and Illinois in imposing restrictions on off-the-job surveillance of employees. Given this trend, employers who use (or plan to use) tracking devices — not just those in New Jersey and other places with such laws — should consider reviewing their policies regarding GPS and other employee tracking outside of the workplace .
What New Jersey Employers Should Do Now
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Review the tracking devices you are currently using in vehicles used by employees to ensure you have a thorough understanding of all the ways the tracking devices are monitoring the vehicles, including passive third-party tracking, such as: . B. insurance companies or fleet management companies, or on devices such as laptops, mobile phones and tablets.
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Consider updating manuals and other relevant policies to provide employees with clear guidance on types of tracking in vehicles, and confirm that there is an acknowledgment section for the manual or policy.
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Draft a notice detailing 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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