New Jersey is the latest state to adopt an employee social media privacy law. Under the law, employers are prohibited from:
- requiring or requesting a current or prospective employee disclose their user name or password, or in any way provide the employer access to, a personal electronic account,
- requiring or requesting an employee or applicant to waive, or limit in any way, the law’s protections, and
- retaliating or discriminating against an individual for refusing to provide or disclose a user name or password, or in any way provide access to, a personal account.
Despite this broad coverage employers may:
- implement and enforce a policy related to the employer’s electronic communications devices, or accounts or services provided by the employer, or that the employee uses for business purposes,
- conduct an investigation to ensure compliance with laws, worked-related policies, or specific information related to an unauthorized transfer of the employer’s confidential or proprietary information, and
- view or access information available in the public domain.
Eleven other states currently provide social media protections: Maryland, Illinois, California, Michigan, Utah, New Mexico, Arkansas, Colorado, Washington, Oregon, and Nevada. Many other states and the U.S. Congress are considering comparable legislation. New Jersey’s law takes effect on December 1, 2013.