Written By ESR News Blog Editor Thomas Ahearn

Beginning on April 18, 2022, New Jersey Assembly Bill 3950 (AB 3950) will require employers in the Garden State 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.

Under AB 3950, an “electronic communications device” is any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, or personal digital assistant. A “tracking device” is an electronic or mechanical device that permits the tracking of a vehicle, person, or device.

“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. Violators of the law could face a fine of $1,000 for the first violation and up to $2,500 for each subsequent violation. New Jersey now joins New York, California, Delaware, and Illinois in restricting 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 here.

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