June 26, 2022

Volume XII, Number 177

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June 24, 2022

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June 23, 2022

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New Jersey Employers Now Required to Provide Written Notice Before Using Tracking Devices in Employee Vehicles

On January 18, 2022, New Jersey Governor Phil Murphy signed into law Assembly Bill No. 3950. Under the law, private employers in New Jersey must provide employees with written notice before using tracking devices on vehicles operated by employees. The law takes effect on April 18, 2022.

The law defines “tracking device” as “an electronic or mechanical device which is designed or intended to be used for the sole purpose of tracking the movement of a vehicle, person, or device.” Devices “used for the purpose of documenting employee expense reimbursement” are excluded from the definition of “tracking device.” Notably, the law applies regardless of whether the employee uses a company-owned vehicle or the employee’s personal vehicle.

The New Jersey law expressly states that it does not “supersede regulations governing interstate commerce, including but not limited to, the usage of electronic communications devices as mandated by the Federal Motor Carrier Safety Administration.”

An employer that knowingly uses a tracking device on an employee-operated vehicle without providing written notice to the employee will be subject to a civil penalty in an amount not to exceed $1,000 for the first violation and not to exceed $2,500 for each subsequent violation.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 41
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About this Author

Robin Koshy, Ogletree Deakins Law Firm, Morristown, Labor and Employment Law Attorney
Associate

Robin Koshy is an associate in our Morristown, New Jersey office. Mr. Koshy represents a diverse array of employers against all types of employment-related claims in state and federal court, as well as before state and federal administrative agencies. Mr. Koshy has significant experience with claims alleging discrimination, harassment and retaliation, brought under state and federal law. Since coming to Ogletree Deakins, Mr. Koshy has also gained experience in the defense of wage and hour claims and has successfully defended employers at both the administrative and trial...

973-656-1600
Steven Luckner Attorney Employment Law Ogletree Deakins Morristown
Office Managing Shareholder

Steven J. Luckner is the managing shareholder in the firm’s Morristown office where his practice focuses on the defense of cases involving allegations of wrongful discharge, sexual harassment, age, race, sex, religious, disability discrimination, whistle-blower and other statutory claims. Mr. Luckner also has experience in the defense of wage and hour claims under both the Federal Fair Labor Standards Act and various state laws.

Mr. Luckner prosecutes and defends cases involving post-employment restrictions, unfair competition, breach of...

973-656-1600
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