Workplace Privacy Counsel

Under a new California law, employers cannot request or require that applicants or employees:

• Disclose social media log-in credentials;
• Access personal social media in the employer’s presence; or
• Divulge any personal social media content.

However, an exception permits employers to ask an employee to divulge personal social media content that the employer “reasonably believe[s] to be relevant to an investigation of allegations of employee misconduct or employee violation of applicable laws and regulations.”

To learn more about the law and its potential implications for employers, please continue reading Littler's ASAP, California’s New Social Media “Password Protection” Law Takes a More Balanced Approach by Accounting for Employers’ Legitimate Business Interests, by Philip Gordon and Lauren Woon.