Official Site of The State of New JerseyNew Jersey's Panic Device Law
The law requires hotel employers to provide panic devices to employees assigned to work alone in guest rooms.
A panic device is a two-way radio or other electronic device an employee can wear or keep in their pocket that allows them to summon immediate on-scene assistance from a security officer, manager, supervisor, or other appropriate hotel staff member.
This law helps protect these workers from violence and other dangerous work situations.
The information provided below is not a legal document. For additional guidance, see the statute and regulations.
This law applies to hotel employers – including hotels, inns, motels, and boarding houses – with 100 or more guest rooms.
A hotel employer is considered a person who employs or exercises control over the wages, hours, or working conditions of a hotel employee. The employer may exercise control directly, indirectly or through another person, including through a temporary staffing agency.
A hotel employer is required to provide certain employees with a panic device.
Employees assigned to work alone in a guest room, such as housekeeping or room service employees, must each be given a panic device.
Full-time, part-time and temporary employees are covered, no matter how they are paid – hourly, salary or under a contract/subcontract.
This law does not cover hotels with collective bargaining agreements that include safety and reporting procedures for employees that work alone in guest rooms.
Panic devices must be provided to hotel employees by the employer. Hotel employers must also provide batteries and any other supplies needed to operate or wear the panic device.
Hotel employers must maintain, repair, or replace the panic devices and the systems that are needed to operate the devices. Hotel employers cannot require their employees to pay for any costs related to the panic devices.
Panic devices must:
- Be able to be worn or kept in a hotel employee’s pocket when they are in a hotel guest room
- Be used to get immediate and on-scene help from a responder
Panic devices are most effective when they are:
- Simple to activate and have no delays due to passwords or waiting for the system to turn on
- Distinguishable from other worksite sounds
- Reliable in all locations, at all times
- Designed to prevent an attacker from disarming the employee or disabling the device
- Able to be used more than one at a time
If an employee believes there is an ongoing crime, an immediate threat of assault or harassment, or other emergency in the employee’s presence, they may use their panic device without fear of punishment or retaliation.
- Step 1: The employee activates the panic device.
- Step 2: The employee leaves the room and waits for help.
- Step 3: A responder comes quickly to their location. A responder could be a security officer, manager or supervisor, or an appropriate staff member.
- Step 4: The employer notifies law enforcement of any suspected crime, so the law enforcement agency may determine whether to pursue criminal charges.
Additional required actions:
- The hotel employee who used the panic device must immediately be reassigned to a different work area away from the guest/room where the incident occurred, for the rest of the guest’s stay.
- All other employees assigned to housekeeping or room service must be notified of any guest accused of committing violence and given the option to service the room with another hotel employee or not service the room for the rest of the guest’s stay.
- No adverse action can be taken by an employer against hotel employees for using the device, stopping work, leaving the area, and waiting for assistance to arrive.
Recommended action: The employer provide any employee who activates the panic device with this resource for victims/survivors, or county-specific resources.
Hotel employers must provide a program to educate their employees about the use of panic devices and their rights if they use a panic device.
Hotel employers must encourage hotel employees to use their devices.
The New Jersey Department of Labor and Workforce Development (NJDOL) recommends employers provide the following program content in the employee’s preferred language, both verbally and in writing:
- How to maintain and test the panic device to ensure it’s working.
- How to wear the panic device on their body so it’s accessible while also reducing the risk of the device being disabled or taken by an attacker.
- When employees should use the device.
- How to activate the panic device.
- Actions to take to remove themselves from danger or inappropriate conduct.
- Actions responders should take when a panic device is used.
- Notice to other employees about the incident and their options for protecting themselves.
- Required recording and reporting of incidents.
- Encouragement that employees use a panic device if needed
- Employee protection from retaliation if they use a panic device.
- Local resources for victims/survivors of crime.
Hotel employers must:
- Report possible crimes to law enforcement.
- Cooperate with any law enforcement investigations.
- Keep a record of accusations that a guest has committed violence toward an employee. Acts of violence include sexual assault, sexual harassment, or other inappropriate conduct.
- Keep a list of those guest names for five years from the date of the incident.
Hotel employers are required to advise guests that panic devices have been provided to hotel employees. They can:
- Require the guest to acknowledge the policy as part of the hotel terms and conditions when checking in to the hotel,
OR
- Place a large-print sign on the inside of guest room doors in a prominent location, explaining the panic device policy and the rights of hotel employees.
Example policy statement:
"This hotel provides panic devices to its employees. Threats, acts of violence, sexual assault, attempted assault, sexual harassment, other criminal or inappropriate conduct, or other emergency in the employee's presence may result in the use of a panic device. Use of a panic device may result in notification of law enforcement and/or refusal of continued and future occupancy by offending guest(s). An employee who uses a panic device has the right to stop working and immediately remove themselves from the situation."
If an accused guest is convicted of a crime in connection with an incident brought to the attention of the hotel employer, the hotel can decline to provide the guest with a room.
NJDOL may issue penalties to hotel employers for not complying with the law’s requirements. A first violation may result in penalties of up to $5,000; each subsequent violation may result in fines of up to $10,000.
NJDOL is charged with enforcing this law. Read the statute and regulations. For more information, email us.
Hotel employees who believe their employer is not in compliance with the Panic Device Law may file a complaint using our online form.
NJDOL does not ask about citizenship and serves all workers regardless of their immigration status. NJDOL will not share any information, including with immigration agencies, unless required by law or regulations.
If you are a victim/survivor of a crime that happened on the job, you may be eligible to receive Workers’ Compensation benefits. Workers’ Compensation covers physical and mental health care costs.
We also have information about other resources available for victims/survivors of sexual violence.
