Can Your Employer Control Your Social Media?
As a professional, you’ve taken the steps needed to better manage your social media accounts and your reputation. You’ve adjusted your privacy settings, limited who to share information with, and been cautious about what you post online. Yet, many employers believe they are exempt regarding an employee’s social media privacy.
The question is, are they? The employment law attorneys at Barrett & Farahany can break down the rules around social media in the workplace.
Employment Laws Surrounding Social Media
Several states have laws that limit an employer’s access to employee social media accounts. These laws work to balance an employer’s need for information with the employee’s right to privacy.
Some examples of states with laws around social media include:
- New York: Assembly Bill (A) 00836/Senate Bill (S) 02518A prohibits employers from requesting employee social media usernames, passwords, or other means of access
- Arkansas: Employers cannot ask employees for their social media usernames or passwords. They also cannot punish employees who refuse to share this information.
- California: Prohibits employers from requesting employee social media usernames or passwords for personal use.
- Colorado: Employers cannot ask employees for their social media usernames or passwords for personal use. They also cannot force employees to add them to their social media accounts.
- New Jersey: Employers cannot ask employees for their social media usernames or passwords. They also cannot punish employees who refuse to share this information.
- Georgia: Prohibits an employer from requesting an employee or potential employee’s social media account username and password.
Recent Changes to New Jersey Social Media Law
New Jersey became the most recent state to pass a social media law. As stated earlier, it prohibits employers from requiring applicants or employees to disclose their personal social media account information.
Under the state’s Social Media Privacy Law, employers can investigate private social media accounts. However, this is the only exception. They can only do it if someone proves that a worker is transferring confidential business information through these sources.
According to the New Jersey Business and Industry Association, the bill “finds the ‘right balance’ between protecting workers’ privacy and preserving employers’ interests.”
New Jersey is the 12th state to institute a social media privacy law. The National Conference of State Legislatures (NCSL) reports that 36 states have introduced or are pending legislation. Ten states, including Arkansas and Illinois, enacted legislation in 2013.
Origins of Changes in Georgia Social Media Law
In Georgia, H.B. 117 prohibits employers from asking for an employee’s or job candidate’s social media username and password. H.B. 149 prevents employers from punishing employees who refuse to share social media information.
As social media privacy laws balance the rights of both employees and employers, there is a level of responsibility for both parties to ensure the law is beneficial to all. For employees, any of your social media posts can still have ramifications for your career. For instance, if you publicly spill a company secret on Facebook, you can still be fired for your actions.
On the flip side, companies must be sure to initiate social media policies that incorporate their states’ laws. Not only do companies need to have a policy, you need to make sure that it reflects the current developments in the law.
What Access Does Your Employer Have to Your Social Media in the Workplace?
Until recently, your current or potential employer could ask for your username and password to access your personal social media accounts. It didn’t matter whether or not you accessed those accounts from work. In states that don’t have legal protections against this, your employer may want to know:
- If you’re sharing proprietary information or trade secrets
- Have scandalous skeletons in your closet that could expose a company to legal liability
- Other information that may be relevant to its business.
In many cases, you may lose your job if you don’t comply with this request. However, in a handful of states and more to come, this practice is now illegal.
Contact Barrett & Farahany For Help Protecting Your Privacy in the Workplace
While many states currently do not have social media privacy laws on the books, you must understand your rights. Understanding the law can help you protect your career and your social media in the workplace. If your boss wants access to your accounts, reach out to the employment lawyers at Barrett & Farahany. They can help you with this situation.
