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Don’t Ask for Passwords – Restrictions on Employer Use of Employee Social Media Accounts and Information is Now Law

Posted in Labor Law, New Legislation and Regulations

By: Charles L. Post

AB 1844 is now law. Among other things, it:

(1)      prohibits an employer from requiring or requesting an employee or applicant for employment to disclose a user name or password for the purpose of accessing personal social media or to require the employee or applicant to access personal social media in the presence of the employer or to divulge any personal social media;

(2)       prohibits an employer from discharging, disciplining or threatening discharge or discipline or any other form of retaliation against employee or applicant for not complying with the request or demand by the employer that violates these “no inquiry, no demand” provisions.

Take away: Don’t require any employee or applicant to give you access to social media.

A complete version of the bill can be viewed at http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1801-1850/ab_1844_bill_20120911_enrolled.pdf.