News & Analysis as of

Employer Liability Issues Social Media New Legislation

Akerman LLP - HR Defense

Curious About Your Newest Employee’s Social Media Presence? Too Bad, Because in New York, It Could Cost You!

In the era of Tiktok influencers and Instagram models, almost everyone has an online side hustle, and that highly qualified referral you just interviewed or bright new hire you just made might just be one of them! The same...more

Venable LLP

New York’s New Privacy Protections for Employees’ Social Media Accounts - What Employers Should Do Now to Prepare

Venable LLP on

“Follow me on Instagram, will you?” That may seem like a harmless question to a colleague, but starting soon, New York will ban most employer inquiries regarding an employee’s personal social media account....more

Epstein Becker & Green

ICYMI: 10+ Years Later, NY Limits Employers’ Access to Employees’ Social Media and Other “Personal Accounts”

Epstein Becker & Green on

With the potential “tendency of many to ‘overshare,’ documenting everything from their breakfast to their favorite Marvel™ villain” on social media, as recognized in at least one court opinion, perhaps unsurprisingly, some...more

Epstein Becker & Green

New York Employers: Important Legislative Updates from Albany

Epstein Becker & Green on

For New York employers, fall has brought with it more than just cooler temperatures, thanks to a wave of activity from Governor Kathy Hochul’s desk (after a busy legislative summer). Below, we highlight six significant...more

Perkins Coie

New York Bans Employers From Requiring Disclosure of Personal Social Media Login Credentials

Perkins Coie on

New York Governor Kathy Hochul signed into law bill A.836 on September 14, 2023, prohibiting employers from requesting or requiring employees or job applicants to disclose the login credentials for their personal social media...more

Jackson Lewis P.C.

More New York Legislative Enactments

Jackson Lewis P.C. on

New York State Governor Kathy Hochul continues to sign legislation emanating from a busy legislative session, including legislation rendering contractual assignment-of-inventions provisions unenforceable, prohibiting...more

Fisher Phillips

Florida’s Name, Image, and Likeness Bill Creates New Marketing Opportunities – And Compliance Obligations – for Employers

Fisher Phillips on

After much discussion over the last year, Florida’s name, image, and likeness (NIL) legislation for college athletes will go into effect on July 1, allowing college athletes to receive compensation based on their name, image...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas' Social Media Statute: What It Tells Us, What It Doesn't

In August 2013, Arkansas enacted a statute intended to regulate employers’ ability to access social media account of employees. This statute, entitled “Social Media Accounts of Current and Prospective Employees,” applies to...more

Akerman LLP - HR Defense

Big Brother is Watching You: Feds Now Vetting Foreign Workers Via Social Media

Employers may need to start “following” the information their foreign national workers share on Twitter or Facebook, as the Department of Homeland Security is turning social media into the federal government’s latest...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Maine Social Media Privacy Law Takes Effect October 15, 2015

Maine has become the latest state to restrict employers’ ability to access social media accounts of employees and applicants. A new Maine statute, which will go into effect on October 15, 2015, prohibits a broad range of...more

McGuireWoods LLP

Social Media Employee Privacy Laws – The New Majority Approach?

McGuireWoods LLP on

As the old Bob Dylan song goes, “the times they are a-changin’.” While I suspect his message may have been intended for a more meaningful topic than social media employee privacy laws, his words do ring true. When Maryland...more

Foley & Lardner LLP

Accessing an Employee’s Social Media Account? A Patchwork of State Laws

Foley & Lardner LLP on

The water cooler, it seems, is a thing of the past. Or at least the actual physical water cooler is. These days, many of the office conversations take place online. Employees air their grievances, connect with each other, and...more

Proskauer - Law and the Workplace

Maine Enacts Social Media Protections for Applicants and Employees

Effective as of October 15, 2015, employers in Maine will be restricted in their ability to access the personal social media accounts of applicants and employees. Specifically, under the new law, an employer may not...more

Proskauer - Privacy & Cybersecurity

Connecticut Joins States That Protect Personal Online Accounts of Employees

Connecticut has joined a list of twenty-one states with a statute designed to preserve the privacy of personal online accounts of employees and limit the use of information related to such accounts in employment...more

Epstein Becker & Green

Connecticut Limits Employer Access to Employees’ Personal Online Accounts

On May 19, 2015, Governor Dannel P. Malloy of Connecticut signed Public Act No. 15-6, entitled “An Act Concerning Employee Online Privacy” (“Act”), which will prohibit employers in Connecticut from requiring access to their...more

Robinson & Cole LLP

Oregon social media law signed by Governor

Robinson & Cole LLP on

Yesterday, Oregon Governor Kate Brown signed into law a new social media law in Oregon, the first in the nation, that limits employers from requiring employees to have social media accounts for employment, and to require...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”

On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees—making Virginia...more

Robinson & Cole LLP

Employers beware: Montana and Virginia are the newest states to limit employers’ access to personal social media accounts bringing...

Robinson & Cole LLP on

On April 8, the Montana legislature sent its new social media law to the Governor for signature and on March 23, Virginia passed legislation prohibiting an employer from requiring, requesting, or causing a current or...more

Bradley Arant Boult Cummings LLP

Tennessee’s New Social Media Law Gives Employers Dos and Don’ts Regarding Employee Privacy

All Tennessee employers and their agents must now comply with the “Employee Online Privacy Act of 2014,” a new law that prohibits employers from asking their employees for their usernames and passwords to social media sites,...more

Littler

Tennessee Joins the Growing List of States Limiting Employers' Access to Personal Online Content

Littler on

Legislation to restrict employers' access to applicants' and employees' personal online content continues its rapid expansion in 2014. Three weeks after Wisconsin became the 13th state to adopt its own social media password...more

Saul Ewing Arnstein & Lehr LLP

New Jersey Becomes Latest Jurisdiction to Pass Social Media Privacy Laws for Employees

On August 29, 2013, New Jersey became the latest jurisdiction to enact legislation which prohibits employers from requiring job candidates or current employees to provide their user names and passwords to personal social...more

Orrick - Employment Law and Litigation

Don’t “friend me”: More State Law Limitations on Accessing Employee Social Media Sites

Effective July 28, 2013, Washington became the eleventh state to have a law prohibiting employers from, among other things, asking its personnel for the user names and passwords to employee social media accounts....more

Davis Wright Tremaine LLP

Washington State Enacts Law Restricting Employers’ Access to Private Social Media Accounts

Effective July 28, 2013, Washington joined several states in prohibiting employers from seeking access to their employees’ or prospective employees’ private social-media accounts....more

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