As of April 18, 2022, employers in New Jersey that use location tracking technology must provide written notice to employees of the location tracking, in certain circumstances. Specifically, New Jersey law now requires written notice to employees if the employer “knowingly makes use of a tracking device in a vehicle used by an employee.” The notice requirement applies when the device is used “for the sole purpose of tracking the movement of a vehicle, person, or device.”

The notice requirement applies regardless of whether an employee is operating a company or personal vehicle. This is a significant difference from similar employee privacy laws in other states, which generally do not require notice for the tracking of a company vehicle.

Based upon the narrow language of the law, the notice requirement applies only to devices that exclusively track movement. Thus, tracking devices that also include audio and video techology, or are used to track employee expense reimbursements, would not be subject to the notice requirement. Nevertheless, employee privacy is a rapidly changing and evolving legal area and employers are well advised to provide written notice to employees of any location tracking or other electronic monitoring that is performed in order to avoid potential invasion of privacy claims.

If you have questions about New Jersey’s employee privacy laws, or your business’s employment practices, please contact us at (201) 345-5412 or through our online scheduling system to set up a complimentary consultation.

Information contained in this blog is provided for informational purposes and does not constitute legal advice or opinion. You should consult with an attorney regarding the specifics of your matter or legal issue.