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C.34:6B-22

P.L. 2021, CHAPTER 449, approved January 18, 2022

Assembly, No. 3950 (Fourth Reprint)

An Act prohibiting certain employer use of tracking devices and supplementing ⁴[Title 2C of the New Jersey Statutes ³ and]⁴ Title 34 of the Revised Statutes.³

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 ³[corrections departments] correctional facilities³, ¹[or]¹ any State or local ⁴[law enforcement agency] government entity^{4 1}, or any public transportation system, including but not limited to ³[,]³ scheduled or charter bus transportation, whether operated by a public or private company¹. 

     "Tracking device" means an electronic or mechanical device which ⁴[permits the tracking of] is designed or intended to be used for the sole purpose of tracking⁴ the movement of a vehicle, person, or device ²but shall not include devices used for the purpose of documenting employee expense reimbursement².

     b.    ⁴[It shall be a crime of the fourth degree for an] An⁴ employer ⁴[to] who^{4 2}knowingly^{2 4}[make] makes⁴ use of a tracking device ⁴[or electronic communications device]⁴ in a vehicle used by an employee ⁴[that is not provided by the employer]^{4 2}[, 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]² without ¹[obtaining the written consent of] providing written notice to¹ the employee ⁴shall 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, collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.)⁴.

⁴[¹c.    It shall be a ³disorderly persons offense for the first and second violations and a³ crime of the fourth degree ³for each subsequent violation³ for an  employer to ²[track an employee using an employer-provided tracking device or electronic communications device without] knowingly make use of a tracking device or electronic communications device in a vehicle provided by an employer for an employee’s use without² providing written notice to the employee.]⁴

³[ ²An employer who unknowingly violates any provision of this act shall be subject to a civil penalty in an amount not to exceed $1,000 for the first violation and $2,500 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).²]³

⁴[d] c⁴.      Nothing in this act shall be construed to supersede regulations governing interstate commerce³[,]³ including ³,³ but not limited to, the usage of electronic communications devices as mandated by the Federal Motor Carrier Safety Administration. ¹

⁴[³2.  An employer who unknowingly violates subsection b. or c. of section 1 of P.L.     c.     (C.     ) (pending before the Legislature as this bill) shall be subject to a civil penalty in an amount not to exceed $1,000 for the first violation and $2,500 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).³]⁴

³[2.] ⁴[3.³] 2.⁴     This act shall take effect on the 90^th day next following the date of enactment.

     Prohibits employer use of tracking device in vehicle operated by employee under certain circumstances.