Effective August 1, 2014, Louisiana law prohibits employers from accessing employees’ personal online accounts – including social media (Twitter, Facebook, LinkedIn or similar sites), blogs, email accounts, or any other personal online accounts. The state ban also prohibits employers from requesting or requiring access to job applicants’ social media accounts.
Under the law (LA H 340), an employer may require access to employer-provided electronic devices, accounts or services, and may investigate specific information that relates to unauthorized disclosure of the employer’s proprietary information or unlawful employee misconduct. Such investigation may require disclosure of social media content without requiring an account name or password. Even if an employer inadvertently learns an employee or applicant’s username or password, it cannot use that information to access a personal account. Employers are not restricted from viewing, accessing, or using information about an employee or applicant that is publicly available.
In 2014, legislation to limit employer access to employee social media accounts was introduced or pending in at least 28 states, and enacted in five.