• FREE RESOURCES
        • Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Employment Law
          FMLA Cheat Sheet: A Handy At-A-Glance Guide
          HR Career & Self-Care
          Lead Magnet: 110 Traits of Highly Effective HR Pros
          11 Traits of Highly Effective HR Pros
          Recruiting
          New Employee Checklist
          Recruiting
          How to Write a Job Description Worksheet
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
        • Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Employment Law
          FMLA Cheat Sheet: A Handy At-A-Glance Guide
          HR Career & Self-Care
          Lead Magnet: 110 Traits of Highly Effective HR Pros
          11 Traits of Highly Effective HR Pros
          Recruiting
          New Employee Checklist
          Recruiting
          How to Write a Job Description Worksheet
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

Social media laws by state: Rules employers need to know

Christian Schappel
by Christian Schappel
July 30, 2014
2 minute read
  • SHARE ON

To access or not to access employees’ (or job candidates’) social media accounts? It’s a tricky — and risky — question for employers. 
The reason: The rise of social media in the workplace has far outpaced government rulemaking on what is and isn’t allowed when accessing employee or job candidate info on social websites.
We recently reported on what the feds’ Stored Communications Act does and doesn’t allow. But there are two problems with leaning on that law alone for guidance: It wasn’t written with social media in mind, and it doesn’t cover various state laws that govern what employers can and can’t do.

New comprehensive guide

The news isn’t all bad, however. The employment law experts at the law firm Seyfarth Shaw LLP have created a social media guide so good we had to share it with you.
It’s called “Social Media Privacy Legislation Desktop Reference: What Employers Need to Know.”
If checking on employee or job candidate social activity is part of your regular routine, it would be wise to consult this guide.
Here’s what the guide provides, according to Seyfarth:

  • Describes the content and purpose of the various states’ new social media privacy laws.

  • Delivers a detailed state-by-state description of each law, listing a general overview, what is prohibited, what is allowed, the remedies for violations, and special notes for each statute.

  • Provides an easy-to-use chart listing on one axis the states which have enacted social media privacy legislation, and on the other, whether each state’s law contains one or more key features.

  • Offers our thoughts on the implications of this legislation in other areas, including technological advances in the workplace, trade secret misappropriation, bring your own device issues and concerns, social media discovery, federal law implications, and conflicts of laws.

  • Concludes with some best practices to assist companies in navigating this challenging area.

Here’s a snippet from Page 6 of the guide, which covers California law:

California
General overview: On September 27, 2012, Governor Brown signed Assembly Bill 1844, which regulates employers’ ability to demand access to employees’ or prospective hires’ personal social media accounts. The law went into effect on October 1, 2012.
What’s prohibited: for employee and applicant personal accounts, the requested or required (i) turnover of account login, (ii) employer access, and (iii) disclosure of account content. Retaliation against employee or rejection of applicant for refusal is also prohibited.
What’s allowed: reasonable-belief investigation into employee misconduct (and use of the information is limited to that investigation); mandatory login turnover to access employer-owned device.
What’s the remedy: Possible PAGA claims or Bus. & Prof.  Code § 17200 claims.
Special notes: no definition of personal account; no mandatory Labor Commission investigation or enforcement of alleged violations.

Info: For more info in this area, check out our coverage of social media law and court rulings.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Staff Administration
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2022 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader