New Jersey Law Requires Employers to Provide Written Notice to Employees Before Using Tracking Devices


New Jersey Law Requires Employers to Provide Written Notice to Employees Before Using Tracking Devices

A state law in New Jersey that will take effect on April 18, 2022 – Assembly Bill 3950 (AB 3950) – will require 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.

The law defines “electronic communications device” as “any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device.” A “tracking device” means “an electronic or mechanical device which permits the tracking of the movement of a vehicle, person, or device.”

Under AB 3950, “tracking” would include cellphone “apps” with geolocation technology, devices issued to monitor safe driving, and GPS (Global Positioning System) 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.

The notification requirement applies to both employer-owned and personal vehicles. 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 the enactment of the law, New Jersey joins New York, California, Delaware, and Illinois in placing restrictions on employee monitoring outside the workplace.

In addition, nothing in this act shall be construed to 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 (FMCSA). More information about AB 3950 is available on the New Jersey Legislature website.

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    Thomas Ahearn - News Blog Editor and Public Relations Specialist

    Thomas Ahearn is our News Blog Editor and Public Relations Specialist. Our News Blog provides information about the background check industry to employers, HR professionals, recruiters, and consumers. ClearStar's News covers a variety of topics including Ban the Box, credit reports, criminal records, data breaches, drug testing, Equal Employment Opportunity Commission (EEOC), E-Verify, Fair Credit Reporting Act (FCRA), HR technology, identity theft and fraud, jobs reports, lawsuits involving screening, Millennial workforce, privacy issues, social media background checks, and workplace violence.

    At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.



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