News & Analysis as of September 26, 2024

Social Media Policy › New Legislation

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Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media accounts and profiles. The development and enforcement of Social Media Policies can be a controversial issue. For example, some Social Media Policies have been subjected to scrutiny by the National Labor Relations Board for being reasonably interpreted as discouraging "protected concerted activity." less -

Curious About Your Newest Employee’s Social Media Presence? Too Bad, Because in New York, It Could Cost You!

Akerman LLP - HR Defense on 4/24/2024

In the era of Tiktok influencers and Instagram models, almost everyone has an online side hustle, and that highly qualified referral you just interviewed or bright new hire you just made might just be one of them! The same...more

Texas Joins Other States in Enacting Social Media Law for Minors

Wilson Sonsini Goodrich & Rosati on 6/22/2023

On June 13, 2023, Texas Governor Greg Abbott signed the Securing Children Online through Parental Empowerment Act (HB 18) (SCOPE Act). With this signing, Texas joins Utah and Arkansas in regulating social media and its impact...more

Arkansas' Social Media Statute: What It Tells Us, What It Doesn't

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/24/2020

In August 2013, Arkansas enacted a statute intended to regulate employers’ ability to access social media account of employees. This statute, entitled “Social Media Accounts of Current and Prospective Employees,” applies to...more

II-34- Ten Things You Missed From Summer 2018

Cozen O'Connor on 9/11/2018

We're back! This brand new episode addresses the 10 developments you may have missed from this past summer of 2018, including employees secretly recording the workplace, new non-compete legislation, the unstoppable #MeToo...more

[Event] Stay Ahead: Nossaman's 2017 Emerging Employment Issues Seminar - Feb 8th, 9th,15th & 16th - Four California Locations

Nossaman LLP on 1/30/2017

Please join us for this complimentary presentation on cutting-edge employment law issues. California and federal employment laws are constantly developing and evolving so it is essential for human resource professionals and...more

Maine Is Latest State To Restrict Employer Access To Personal Social Media Accounts

Allen Matkins on 11/25/2015

Recently, Maine became the latest state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring, coercing or...more

New Maine Social Media Privacy Law Takes Effect October 15, 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/12/2015

Maine has become the latest state to restrict employers’ ability to access social media accounts of employees and applicants. A new Maine statute, which will go into effect on October 15, 2015, prohibits a broad range of...more

Social Media Employee Privacy Laws – The New Majority Approach?

McGuireWoods LLP on 9/29/2015

As the old Bob Dylan song goes, “the times they are a-changin’.” While I suspect his message may have been intended for a more meaningful topic than social media employee privacy laws, his words do ring true. When Maryland...more

Accessing an Employee’s Social Media Account? A Patchwork of State Laws

Foley & Lardner LLP on 9/29/2015

The water cooler, it seems, is a thing of the past. Or at least the actual physical water cooler is. These days, many of the office conversations take place online. Employees air their grievances, connect with each other, and...more

Maine Enacts Social Media Protections for Applicants and Employees

Proskauer - Law and the Workplace on 8/18/2015

Effective as of October 15, 2015, employers in Maine will be restricted in their ability to access the personal social media accounts of applicants and employees. Specifically, under the new law, an employer may not...more

Maine joins the mainstream with new social media law

Robinson+Cole Data Privacy + Security Insider on 8/14/2015

Joining more than 20 other states, and many of its sister states in the Northeast, Maine has passed a social media law that prohibits employers from requiring employees or applicants to provide them with their social media...more

Delaware Adds to Growing Patchwork of Social Media Laws

Proskauer - Law and the Workplace on 8/11/2015

On August 7, Delaware Governor Jack Markell signed a law to prohibit employers from interfering with the personal social media accounts of their prospective and current employees. The new law, which also took effect on...more

New 2015-2016 Employment Laws for Oregon Businesses

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/15/2015

The 2015 Oregon legislature has adjourned, but not before handing Oregon businesses a number of significant new employment laws. Below is a brief summary of the new legislation, all of which Governor Kate Brown has signed,...more

Trendsetter or Outlier? Oregon Adds New Twist to Password Protection Laws

Littler on 6/18/2015

Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more

Connecticut Limits Employer Access to Employees’ Personal Online Accounts

Epstein Becker & Green on 6/9/2015

On May 19, 2015, Governor Dannel P. Malloy of Connecticut signed Public Act No. 15-6, entitled “An Act Concerning Employee Online Privacy” (“Act”), which will prohibit employers in Connecticut from requiring access to their...more

Connecticut Governor Signs New Social Media Privacy Legislation

Seyfarth Shaw LLP on 6/1/2015

As we have frequently reported in this blog, social media privacy issues increasingly permeate the workplace. For example, earlier this year, Montana and Virginia joined a growing number of states in enacting laws...more

New Connecticut Online Privacy Law Protects Prospective & Current Employees

Proskauer - Law and the Workplace on 5/27/2015

Last week, Connecticut Governor Dannel P. Malloy signed a law to protect prospective and current employees from employer interference with their “personal online accounts.” The new law, which will take effect on October 1,...more

New Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/22/2015

On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees—making Virginia...more

Employers beware: Montana and Virginia are the newest states to limit employers’ access to personal social media accounts bringing...

Robinson & Cole LLP on 4/20/2015

On April 8, the Montana legislature sent its new social media law to the Governor for signature and on March 23, Virginia passed legislation prohibiting an employer from requiring, requesting, or causing a current or...more

Virginia Workplace Social Media Password Privacy Bill Signed

McGuireWoods LLP on 4/9/2015

On March 23, 2015, Virginia Gov. Terry McAuliffe approved a social media password privacy bill (H.B. 2081) that limits employers access to employees’ and job applicants’ personal social media accounts....more

Tennessee’s New Social Media Law Gives Employers Dos and Don’ts Regarding Employee Privacy

Bradley Arant Boult Cummings LLP on 1/6/2015

All Tennessee employers and their agents must now comply with the “Employee Online Privacy Act of 2014,” a new law that prohibits employers from asking their employees for their usernames and passwords to social media sites,...more

New Jersey Employers May Not "Like" State's New Social Media "Privacy Settings"

Sheppard Mullin Richter & Hampton LLP on 9/13/2013

On August 29, 2013, New Jersey Governor Chris Christie signed into law a new measure prohibiting employers from requiring employees or job applicants to provide login information or allow employer access to their accounts on...more

New Jersey Becomes Latest Jurisdiction to Pass Social Media Privacy Laws for Employees

Saul Ewing Arnstein & Lehr LLP on 9/10/2013

On August 29, 2013, New Jersey became the latest jurisdiction to enact legislation which prohibits employers from requiring job candidates or current employees to provide their user names and passwords to personal social...more

New Jersey’s New Social Media Privacy Law: Balancing Employee Rights And Employer Protections

Troutman Pepper on 9/9/2013

New Jersey has now joined the growing list of jurisdictions seeking to regulate the extent to which employers can monitor their workers’ social media presence. Currently, eleven other states – Arkansas, California, Colorado,...more

New Jersey Becomes the Twelfth State to Enact Social Media Password Protection Legislation; Recent Amendment to Illinois’ Law...

Littler on 9/5/2013

On August 29, 2013, New Jersey became the twelfth state to enact social media password protection legislation, continuing the nationwide trend towards imposing some form of restriction on employer access to the restricted,...more

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Social Media Policy › New Legislation

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