News & Analysis as of

Oklahoma to Prohibit Employer Access to Private Social Media

On November 1, 2014, Oklahoma will join a number of other jurisdictions that prohibit employers from gaining access to passwords to employee or applicant social media accounts or from viewing non-public information maintained...more

Social Media Password Protection: Where are we now?

In just two years, social media password protection has gone from a privacy advocate’s dream to an employer’s harsh reality in many states. Maryland became the first state (in 2012) to enact legislation that prevented...more

Are You Ready for the New Holacracy? Update on Social Media and the Hiring Process

The innovative folks at Zappos have eschewed the traditional job application/interview/job offer process for a social-media-driven process on a Zappos platform. While very up-to-date, does this push the envelope to the point...more

Oklahoma, Louisiana and Rhode Island Continue Trend Enacting New Password-Protection Laws

In 2012, Maryland became the first state to prohibit employers from requiring employees or job applicants to provide passwords to their personal social media accounts. Since then, the trend for states to limit employers'...more

Rhode Island Enacts Employee Social Media Privacy Legislation

Rhode Island has recently enacted legislation intended to protect job applicants’ and employees’ social media accounts and information. The new law prohibits employers from requiring job applicants or employees to disclose...more

Tennessee Legislature Adds Employee Privacy Protections to "Internet Accounts"

Executive Summary: Accessing information about employees and applicants via their social media accounts just got a bit more complicated in Tennessee. This past legislative session, the Tennessee General Assembly passed the...more

Special Report: Social Media Roundup

Social Media Roundup - Rhode Island, Louisiana, New Hampshire, and Oklahoma are the latest states to provide prospective and/or current employees with increased social media protections, following Tennessee, Wisconsin,...more

Louisiana Has Joined 16 Other States and Prohibits Employers from Accessing Employee Online Accounts

Effective August 1, 2014, Louisiana joined at least sixteen other states that have enacted laws prohibiting or restricting employers from accessing employees' personal online accounts – including social media (Twitter,...more

Status Updates - June 2014

..The CIA has entered the realm of social media, setting up a Twitter presence and a Facebook account. There one can find, among other things, reflections on intelligence history and fun facts from the CIA World Factbook...more

Oklahoma and Louisiana Become the Latest States to Enact Social Media Password Protection Laws

Weeks after Wisconsin and Tennessee enacted their own legislation aimed at restricting access by employers to applicants’ and employees’ personal online content, Oklahoma and Louisiana have followed suit, further complicating...more

Louisiana Bans Access To Employees' Social Media

On May 22, Louisiana Gov. Bobby Jindal signed the Personal Online Account Privacy Protection Act into law. The Act, effective immediately, prohibits employers from requesting or requiring access to the personal online...more

Maine Legislature Considering Privacy in Social Media

Joining a growing trend nationally, the Maine Legislature is considering a bill that would prohibit employers from requiring employees to disclose their log-in information for social media and personal e-mail accounts. The...more

Social media restrictions on employers passes Oklahoma House

In 2014, at least 25 states have legislation pending which would limit an employer from accessing personal social media. Last week Oklahoma joined that list....more

Oregon Restricts Employers' Access to Private Social Media Accounts

Oregon recently joined numerous states in prohibiting employers from seeking access to employees’ or prospective employees’ private social-media accounts, personal email, and other online content....more

Labor & Employment E-Note - January 16, 2014

In This Issue: - 13 States Set to Raise Minimum Wage, 11 More Consider Increases - EEOC Reports $372.1M in Monetary Relief for Workplace Bias Claims - N.Y.U. Graduate Assistants Vote to Affiliate with UAW -...more

Top New Jersey Legal Developments - January 2014

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

Poetic Justice - 2013 Wrap Up (Part 1 of 2)

This is the time of year to anxiously look forward to all that is anticipated to come in 2014. But it is also the time to look back at all that has happened in 2013. Rather than simply give you links to all of the stimulating...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

New Jersey Social Media Privacy Bill Becomes Law

On August 29, 2013, a more limited social media privacy bill (A2878), adopting the common sense conditions set forth in Governor Chris Christie’s previous conditional veto, was enacted. The new law, effective December 1,...more

Nevada Latest State To Limit Employer Access To Employee Social Media Accounts

Nevada has become the eleventh state in the nation to enact a law restricting employer access to employee social media accounts. Beginning October 1, 2013, it will be illegal for Nevada employers to require or request that an...more

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

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

More Facebook Issues: This Time, It’s the Stored Communications Act

Employer use of social media information in employment decisions has received much attention in the past couple of years. As we have previously reported, several states have passed laws precluding employers from asking for...more

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

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

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

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