Employers Can no Longer Require Access to your Social Media Accounts
California Governor Jerry Brown has been very busy signing in new laws, most of which have been employment related. Earlier in the year he expanded on many discrimination issues. He covered gender identity and gender expression and added them to part of the protected classes under FLSA. He also gave greater clout to religion as a protected class by including religious attire and religious personal grooming practices. The governor is at it again; he has now signed in a new social media law prohibiting employers from violating the employee’s privacy on their social media accounts.
Effective January 1st 2013 AB 1844 will prohibit employers from requesting or requiring employees to give up their social media passwords to the company for review. Furthermore the company cannot ask for any information surrounding their social media accounts unless the employer reasonably believes such disclosure is relevant to an investigation of allegations of employee misconduct or employee violation of applicable laws or regulations. The only loop hole is that an employer may ask for the username and password solely for the purpose of accessing a company issued electronic device.
It’s interesting to note that this new law allows the employees to sue the company in violation within the court system but will not entertain this law at the labor commissioner’s office. In fact the law specifically forbids the labor board from getting involved.
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.
Photo Credit: Shutterstock/ Mallmo