New Jersey Law Protects Employee Social Media Passwords | Practical Law

New Jersey Law Protects Employee Social Media Passwords | Practical Law

New Jersey recently enacted Assembly Bill No. 2878, which prohibits employers from requiring or requesting any employee or prospective employee to disclose the user name, password or any other information to access his personal social media account.

New Jersey Law Protects Employee Social Media Passwords

Practical Law Legal Update 7-532-4048 (Approx. 7 pages)

New Jersey Law Protects Employee Social Media Passwords

by Practical Law Labor & Employment
Published on 03 Sep 2013 • New Jersey
New Jersey recently enacted Assembly Bill No. 2878, which prohibits employers from requiring or requesting any employee or prospective employee to disclose the user name, password or any other information to access his personal social media account.
On August 29, 2013, New Jersey became the twelfth state to enact legislation prohibiting employers from conditioning employment on access to an employee's social media account when Governor Chris Christie signed into law Assembly Bill No. 2878 (A2878).
Under the new law, an employer may not require or request any employee or prospective employee to disclose the user name, password or any other information that provides access to his personal social media account. A2878 prohibits employers from retaliating or discriminating against an individual who has, or was about to, engage in any of the following activities:
  • Refusing to provide access to his personal social media account.
  • Reporting an alleged violation of this act to the Commissioner of Labor and Workforce Development.
  • Participating in any investigating, proceeding or action concerning a violation of the act.
  • Otherwise opposing a violation of the act.
However, the law states that it should not be interpreted to prevent an employer from complying with any state or federal law or regulation.
New Jersey is the twelfth state to enact a law prohibiting private employers from asking for access to social media accounts, joining Arkansas, California, Colorado, Illinois, Maryland, Michigan, Nevada, New Mexico, Oregon, Utah and Washington. For more information on state laws addressing employer access to current and prospective employees' social media accounts, see Practice Note, Employer Access to Social Media Accounts State Laws: Overview.