News & Analysis as of

Week in Review

Some high profile companies, including two technology giants, made headlines this week after former employees filed lawsuits against them alleging discrimination and harassment. The case against Yahoo is likely to be...more

Wisconsin Latest State to Provide Social Media Protections to Applicants and Employees

On April 8, 2014, Governor Scott Walker signed Wisconsin Act 208 to prohibit employers from requiring or requesting that prospective and current employees disclose usernames and passwords for their personal Internet accounts....more

New Jersey Social Media Privacy Law

Remember that on December 1, 2013, New Jersey’s social media privacy bill (A2878) becomes law. This law (detailed in the September 2013 issue of the New Jersey eAuthority) bars employers from requiring or requesting that any...more

Two new laws in New Jersey are a balancing act between businesses and employees

New Jersey Governor Chris Christie promised to promote economic activity and job creation. Recent legislative activity illustrates how he is striking the balance between making New Jersey business-friendly and protecting the...more

Making Sense of the Complex Patchwork Created by Nearly One Dozen New Social Media Password Protection Laws

The legislative torrent has been virtually unprecedented in the area of workplace privacy. In a single season, spring 2013, seven states enacted social media password protection legislation, bringing the total number of...more

Employers Cannot Access Applicant or Employee Personal Social Media Accounts, Says Nevada

On June 13, 2013, Nevada's governor signed A.B. 181 to restrict employer access to applicants' and employees' personal password-protected social media accounts, adding to the state's existing anti-discrimination statute that...more

Colorado Legislative Wrap-Up

The 2013 Colorado legislative session resulted in three new laws that are significant for employers....more

Nevada: Inquiring About Personal Social Media Will Be Illegal

Unless it is necessary to comply with a state or federal law or regulation, effective October 1, 2013, it will be illegal for a Nevada employer to require, request, or even suggest that an employee or a prospective employee...more

Why Can’t We Be “Friends”? Because The Oregon Legislature Says So

Riding a wave of national news stories about employers forcing applicants or employees to turn over social media passwords as a condition of employment, the Oregon legislature recently passed House Bill 2654....more

Oregon Passes Social Media in the Workplace Law

On May 22, 2013, Oregon Governor John Kitzhaber signed into law House Bill 2654, making Oregon the tenth state to enact a law prohibiting employers from accessing employees' private social media sites. The new law, which...more

As the Dust Settles: Watered-Down Non-Compete Bill Passes; Social Media Password Bill Fails

The dust is still settling from the mad dash that is the end of the Connecticut General Assembly session. ...more

Employment Law -- Jun 05, 2013

From the Hill: FMLA Amendment and Anti-Arbitration Legislation - Lawmakers on the Hill are considering two employment-related bills that would make changes to the Family and Medical Leave Act and invalidate pre-dispute...more

Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects Employers

Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has extended into our...more

Facebook Demand Laws: Closing In On Double Digits

What is in a number? In particular, the number 9? Does it mean anything to you, or symbolize anything in particular? Even the most basic research reveals...more

Texas Leg 2013 Wrap-Up – Texas Does Not Take The Lead On Social Media Issues

Although the Governor called a special session extending the Texas Legislative session, the topics to be addressed are political ones and not the ones we have been tracking....more

Whose Social Media Account Is It, Anyway?

A detailed social media policy specifically addressing the ownership of social media accounts is key to a corporation’s ability to maintain ownership of an employee’s account after the employee leaves the corporation....more

Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws May Clash with FINRA Rules

As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators....more

Workplace Policy Institute: Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects...

Introduction - Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has...more

Texas Leg Watch 2013: Banning Employers From Demanding Social Media Passwords Bill To Hit House Floor Tomorrow

As part of our continuing coverage of the Texas Legislature Watch (they only meet every other year in Texas), we look at the bill that would prohibit employers from demanding passwords or other access to the social media...more

Three More States Hop on the Social Media Legislation Bandwagon

Act 1480, signed by Governor Mike Beebe on April 22, 2013, prohibits an Arkansas employer from requiring or requesting a current or prospective employee to (1) disclose his or her username or password for a personal social...more

Arkansas Latest State to Restrict Employer Access to Applicant and Employee Personal Social Media Accounts

On April 22, 2013, Arkansas' governor signed H.B. 1901, continuing the national momentum to prohibit employers from requesting or requiring prospective and current employees to disclose their username and password to their...more

New Mexico Prohibits Employers from Requesting or Requiring Access to Prospective Employee Social Networking Accounts

On April 5, 2013, New Mexico's governor made it unlawful for an employer to: - request or require that a prospective employee divulge a password allowing access to his or her account or profile on a social networking...more

Broad Social Media Privacy Bill Reaches New Jersey Governor’s Desk

On March 21, 2013, a broadly-worded social media privacy bill (A2878) received final legislative approval, and now awaits action by Governor Chris Christie. As discussed in several prior issues, this bill would bar an...more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

Employers Beware: Requiring Access to Employees’ Social Media Is Now Illegal

New Labor Code section 980, effective January 1, 2013, generally precludes employers from requiring or asking employees or job applicants to disclose their user names or passwords, or to provide access to, or divulge...more

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