Employee Privacy: New Jersey

Federal law and guidance on this subject should be reviewed together with this section.

Author: Stacey D. Adams, Alison B. Andolena, Littler

Summary

• New Jersey law imposes certain obligations on employers with regard to the privacy interests of job applicants, including limits with regard to criminal background checks, reference checks and obtaining credit reports. See Applicant and Interview Inquiries. 
• Employees are subject to several limits under New Jersey law with regard to testing current employees. See Monitoring Current Employees.
• New Jersey Courts have placed certain limits and obligations on employers who monitor employee email accounts. See Employee Email.
• The New Jersey Identity Theft Prevention Act imposes requirements on employers concerning the maintenance and destruction of records containing personal information. See Personal Information and Social Security Numbers.
• New Jersey law protects the privacy of employees' and applicants' social networking accounts. See Social Media Privacy.