When Social Media Becomes Anti-Social

more+
less-

In one of the first laws of its kind, California passed Assembly Bill 1844 regarding employer use of social media.  AB 1844 prohibits employers from requiring employees or job applicants to disclose a user name or password for the purpose of accessing personal social media, to access personal social media in the presence of an employer or to divulge any personal social media.  The law also prohibits employers from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand by the employer that violates these provisions.  Interestingly, the legislation does not impact an employer’s right to request an employee to divulge personal social media “reasonably believed to be relevant to an investigation of allegations of employee misconduct or employee violation of applicable laws and regulations”, provided that the social media is used only for the purpose of the investigation.  The law takes effect on January 1, 2013.

Topics:  Hiring & Firing, Internal Investigations, Passwords, Retaliation, Social Media, Termination

Published In: Labor & Employment Updates, Privacy Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ervin Cohen & Jessup LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »