Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Makes employer use of tracking device in vehicle operated by employee crime of fourth degree in certain situations.
CURRENT VERSION OF TEXT
As reported by the Assembly Labor Committee on October 22, 2020, with amendments.
An Act prohibiting certain employer use of tracking devices and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
"Electronic communications device" means any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device.
"Employer" means an employer or employer's agent, representative, or designee. The term "employer" does not include the Department of Corrections, State Parole Board, county corrections departments, 1[or]1 any State or local law enforcement agency1, or any public transportation system, including but not limited to, scheduled or charter bus transportation, whether operated by a public or private company1.
"Tracking device" means an electronic or mechanical device which permits the tracking of the movement of a vehicle, person, or device.
b. It shall be a crime of the fourth degree for an employer to make use of a tracking device or electronic communications device in a vehicle used by an employee that is not provided by the employer, or, in the case of a vehicle provided by an employer for an employee’s use, to make use of a tracking device or electronic communications device without 1[obtaining the written consent of] providing written notice to1 the employee.
1c. It shall be a crime of the fourth degree for an employer to track an employee using an employer-provided tracking device or electronic communications device without providing written notice to the employee.
d. 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. 1
2. This act shall take effect on the 90th day next following the date of enactment.