News & Analysis as of September 19, 2024

New Legislation

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. 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

ICYMI: 10+ Years Later, NY Limits Employers’ Access to Employees’ Social Media and Other “Personal Accounts”

Epstein Becker & Green on 12/19/2023

With the potential “tendency of many to ‘overshare,’ documenting everything from their breakfast to their favorite Marvel™ villain” on social media, as recognized in at least one court opinion, perhaps unsurprisingly, some...more

New York Restricts Employer Access to Employee Social Media Accounts

Foley Hoag LLP on 9/19/2023

On September 14, 2023, New York Governor Kathy Hochul signed a new law (A.836) that prohibits employers from requesting or requiring that employees or job applicants disclose the log-in information to their personal social...more

The Site Report - Construction Law Insights, Issue 4, April 2023

Spilman Thomas & Battle, PLLC on 5/1/2023

Here are the Top Risks for the Construction and Engineering Sector - “Business interruption/supply chain disruption and natural catastrophes are the top risks for the construction and engineering industry, followed by the...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

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

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

Connecticut Joins States That Protect Personal Online Accounts of Employees

Proskauer - Privacy & Cybersecurity on 7/9/2015

Connecticut has joined a list of twenty-one states with a statute designed to preserve the privacy of personal online accounts of employees and limit the use of information related to such accounts in employment...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

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

Littler on 7/2/2013

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

Proskauer Rose LLP on 6/27/2013

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/20/2013

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/10/2013

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

Littler on 6/10/2013

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

Pullman & Comley, LLC on 6/7/2013

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

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

Proskauer Rose LLP on 4/11/2013

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

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