The New Jersey legislature recently passed a bill that would prevent employers from requiring prospective or current employees to provide their login information for social media websites as a precondition to employment. This so-called "Facebook Law" is currently awaiting the Governor's signature and is expected to be signed.
In addition to prohibiting employers from asking for login information, the law would also prevent employers from even asking if the employee or applicant has a profile on a social networking site. This added restriction makes the New Jersey law broader than similar laws that have been passed in other states.
However, employers should be aware that the new law would allow employers to investigate claims of "cyber bullying" through social networking sites and makes some exceptions for what employers can do in that instance. Another caveat is that the social networking profile must be a "personal account" which means that profiles set up for business purposes of the employer are not covered by the legislation.
Fortunately, if and when the Governor signs this bill into law, the effective date is pushed back to allow employers to update their social media policies to be consistent with law. Should employers need assistance in updating these policies, please do not hesitate to contact one of us!
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