['Recruiting and hiring']
['Employee Polygraph Protection Act']
04/26/2024
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Summary of differences between federal and state regulations
Polygraph protection
Polygraph protection provisions apply to employees and prospective employees in the private-sector and in state and local governments.
Employers may not require as a condition of employment or continued employment that an applicant or employee take a polygraph test unless the employer is authorized to manufacture, distribute or dispense controlled dangerous substances and the employee or prospective employee is or will be directly involved in the manufacture, distribution, or dispensing of, or has or will have access to, legally distributed controlled dangerous substances. Where allowed, the test must be limited to the work of the employee or prospective employee and the individual's improper handling, use or illegal sale of legally distributed controlled dangerous substances for a period of time no greater than 5 years preceding the test.
Standard baseline questions are only permitted to establish a normal test pattern. Applicants and employees have the right to be represented by legal counsel. A written copy of the report containing test results must be provided to the applicant or employee upon request. Test results may not be released to other employers or persons. Applicants and employees must be informed that they have the right to give the employer results of a second independently administered lie detector test before the employer makes any personnel decision.
Polygraph examiners
New Jersey does not have state-level polygraph examiner requirements. Examiners must meet the federal requirements at 29 CFR 801.26.
State
Contact
New Jersey Department of Labor and Workforce Development
Regulations
Polygraph protection
Title 2C, Section 40A-1 of the New Jersey Statutes
Polygraph examiners
None.
Federal
Contacts
U.S. Department of Labor, Wage and Hour Division
Regulations
29 CFR Part 801 §§801.1 – 801.75
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