New California Law Protects Employees' and Job Applicants' Social Media Password

October 24, 2012

Last month, California became the third (and largest) state to regulate employer access to the social media accounts of applicants and employees. The law, A.B. 1844, will take effect on January 1, 2013, and is intended to protect California employees and applicants from “unwarranted invasions of their personal social media accounts.” However, when the California legislature tries to solve one employment problem it can create several others, and A.B. 1844 contains many undefined and unclear provisions that create potential landmines for California employers.

California’s New Law – A.B. 1844
A.B. 1844 prohibits an employer from requiring or requesting an employee or applicant for employment to do any of the following: (1) disclose a username or password for the purpose of accessing personal social media; (2) access personal social media in the presence of the employer; or (3) divulge any personal social media information, except as provided for in the bill. The law clarifies that employers’ existing rights and obligations to request personal social media information remains intact if that information is reasonably believed to be relevant to an investigation of allegations of employee misconduct or an employee’s violation of applicable laws and regulations, and only if the social media is used solely for purposes of that investigation or a related proceeding. A.B. 1844 does allow employers to require or request a username, password, or other method of accessing an employer-issued electronic device. The law also prohibits any discharge, discipline, threat to discharge or discipline, or other retaliation against an employee who fails to provide information requested in violation of the law.

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