May 19, 2022

New Jersey: Notice to Employees Required Before Using Tracking Devices on Vehicles Used by Employees

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all OnPractice content.
Register Now

Key Takeaways

  • Notice to employees enquired when using tracking devices on company vehicles; penalties for non-compliance.

New Jersey Governor Phil Murphy has signed into law a bill that requires employers to provide employees written notice before using tracking devices on any vehicle used by an employee.


The new law, codified as N.J.S.A. § 34:6B-22, went into effect on April 18, 2022.  Under the law, an employer that: knowingly makes use of a tracking device in a vehicle used by an employee without providing written notice to the employee shall 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.

The law applies to all private and public employers, regardless of size. It also applies to an employer's agent, representative, or designee. 

The law does not apply to the Department of Corrections, State Parole Board, county correctional facilities, any state or local government entity, or any public transportation system, including, but not limited to, scheduled or charter bus transportation.

A tracking device is defined as "an electronic or mechanical device which is designed or intended to be used for the sole purpose of tracking the movement of a vehicle, person, or device."  The law does not apply to devices used for the purpose of documenting employee expense reimbursement, such as a mileage counter or odometer.


The law states that any penalty will be 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.  Under the Penalty Enforcement Law of 1999, an action to enforce a civil penalty under a statute like the new law may be brought in Superior Court.  Once an action is brought, the court will decide the case in a summary manner without a jury.  This will include the court hearing testimony on any factual issues and, if it finds the violation occurred, imposing a penalty on the employer.

Exception for Electronic Communications Devices

The law states that it does not supersede regulations governing interstate commerce.  This includes the usage of electronic communications devices as mandated by the Federal Motor Carrier Safety Administration.  The law defines an electronic communications device as any device that uses electronic signals to create, transmit, and receive information, including computers, telephones, and personal digital assistants.


The law does not specify what type of language must be included in the notice.  However, the notice must be written; verbal notice will not be sufficient to comply with the law.

Next Steps

Any employer that wishes to use a tracking device on a vehicle used by an employee, including vehicles owned or leased by the employer, should update its policies and procedures to comply with the required notice.  This includes providing employees who potentially may be subject to tracking a separate, written form and possibly including space for an employee to acknowledge receipt of the notice.  Within this notice, the employer should inform the employee of the existence and use of the tracking device and that the notice is meant to comply with the requirements of the law. 

Similar notice laws exist in other jurisdictions throughout the country.  Therefore, any employer with operations in multiple jurisdictions should assess and address any potential notice obligations that may exist prior to implementing such technologies. 

©2022 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Focused on labor and employment law since 1958, Jackson Lewis P.C.'s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. For more information, visit

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Jackson Lewis P.C.

Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort

By Melanie L. Paul Jackson Lewis P.C. May 26 , 2023

It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.

New Washington Law Regulates Warehouse Distribution Center Worker Quotas

By Kathryn J. Barry Jackson Lewis P.C. May 26 , 2023

A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.

Sixth Circuit Adopts New Standard to Decide Whether to Send Notice to Potential FLSA Opt-Ins

By David R. Golder Jackson Lewis P.C. May 24 , 2023

In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other workers under the Fair Labor Standards Act (FLSA).

More From Privacy

Processing Sensitive Personal Information under U.S. State Privacy Laws

By Zachary S. Schapiro Greenberg Traurig May 23 , 2023

As of now, nine states (CA, CO, CT, IA, IN, MT, TN, UT, and VA) have passed comprehensive privacy laws that are in effect (CA and VA), or are about to go into effect sometime soon (CO, CT, IA, IN, MT, TN, and UT).

Labor Department Releases New Guidance on Agency Enforcement of PUMP for Nursing Mothers Act

By Patricia Anderson Pryor Jackson Lewis P.C. May 19 , 2023

The U.S. Department of Labor Wage and Hour Division (WHD) has published guidance for agency officials responsible for enforcing the “pump at work” provisions of the Fair Labor Standards Act (FLSA), including those enacted under the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act).

Finding the Delta: Understanding the Differences in How State Privacy Laws Define Corporate Affiliates

By David A. Zetoony Greenberg Traurig May 15 , 2023

All modern privacy statutes regulate when personal information can be shared with third parties, whether those third parties are service providers, vendors, contractors, or business partners.

Featured Stories