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Volume XII, Number 176

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Considering Tracking Employees in Vehicles? New Jersey Now Requires Employers to Provide Notice

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.

With enactment of the law, New Jersey joins New YorkCaliforniaDelaware, and Illinois in placing restrictions on employee monitoring outside of the workplace. Given this trend, employers that use (or wish to use) tracking devices—not just those in New Jersey and other locales with such laws on the books—should consider reviewing their policies with respect to GPS and other employee tracking outside the workplace.

What New Jersey Employers Should Do Now

  • Audit the tracking devices that you currently are using in vehicles employees use, to ensure you have a comprehensive understanding of all the ways the tracking devices monitor the vehicles, which may include passive tracking from third parties, such as insurance companies or fleet management companies, or on devices such as laptops, cellphones, and tablets.

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

  • Draft a notice that accurately describes the tracking practices for vehicles that employees use, with an acknowledgement section for such employees.

 

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XII, Number 73
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About this Author

Adam S. Forman, Epstein Becker Green, Workforce Management Lawyer, Chicago, Detroit, Social Media Issues Attorney
Member

ADAM S. FORMAN is a Member of the Firm in the Employment, Labor, and Workforce Management practice, based in Chicago and Detroit (Metro). As noted in the 2015 edition of Chambers USA, Mr. Forman “is a renowned expert in social media issues relating to the workplace” and also “focuses on litigation, training and preventive advice on the employment side.” A frequent writer and national lecturer on issues related to technology in the workplace, such as social media, Internet, and privacy issues facing employers, Mr. Forman is often interviewed by...

312-499-1468
Member of the Firm

Shawndra Jones partners with employers to help them comply with labor and employment laws as they pursue their goals, including those related to diversity, equity, and inclusion, and counsels employers on questions arising at the intersection of technology and the workplace. Shawndra has also spoken extensively on legal and ethical issues associated with social media and other digital platforms.

In addition, Shawndra:

  • Advises employers on complying with applicable laws, rules, and regulations concerning diverse...

212-351-4663
Nathaniel M. Glasser, Epstein Becker, Labor, Employment Attorney, Publishing
Member

NATHANIEL M. GLASSER is a Member of the Firm in the Labor and Employment practice, in the Washington, DC, office of Epstein Becker Green. His practice focuses on the representation of leading companies and firms, including publishing and media companies, financial services institutions, and law firms, in all areas of labor and employment relations.

Mr. Glasser’s experience includes:

  • Defending clients in employment litigation, from single-plaintiff to class action disputes,...

202-861-1863
Ridhi D. Madia Associate Epstein Becker & Green, P.C.
Associate

Employers rely on Ridhi Madia to represent them in employment disputes involving trade secrets and claims of discrimination, harassment, retaliation, and breach of employment contract, and to provide preventive advice and counseling. She partners with management and human resources teams to develop practical and effective strategies to resolve workplace issues and minimize risk. Clients also look to Ridhi for guidance on a wide range of labor and employment law issues, such as the COVID-19 pandemic’s impact on employment contracts, ADA and other workplace accommodations...

312-499-1425
Matthew Savage Aibel, Epstein Becker Green, Trade Secrets Attorney, Breach of Non-Compete Agreements Lawyer
Associate

MATTHEW SAVAGE AIBEL is an Associate in the Litigation and Employment, Labor & Workforce Management practices, in the New York office of Epstein Becker Green.

Mr. Aibel:

  • Assists in the representation of clients in complex commercial litigation, business disputes, and breach-of-contract matters

  • Provides assistance with litigation matters involving the breach of non-competition and non-solicitation agreements, the misappropriation of trade secrets, and...

212-351-4814
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