Social Media Login Information
If an employer wants to ask employees for their social media login information, there are no federal laws that they would be violating. However, in recent years, more than 20 states have passed legislation regarding this type of conduct. Some states limit access to login info. Their laws also prevent employers from taking negative actions toward employees who would not provide them with login information.
What are employee social media privacy laws?
Through social media, the lines have become increasingly blurred between work and home life. People share their personal lives with friends and co-workers and even with employers. Social media privacy laws began to emerge in some states in 2012 that prohibited employers and educational institutions from requesting usernames or passwords from employees, applicants or students. Their laws also prevent an employer from retaliating based on refusal to provide access.
Does New York have social media privacy laws?
There is no social media privacy law in New York. However, there is an electronic transparency law that goes into effect on May 7, 2022. For more information about it, please see our blog entitled New York Law Requiring Electronic Monitoring. Employers must give written notice to employees about electronic monitoring before engaging in it.
What to expect and consider when asking for an employee’s social media login information
The following might occur when you ask for your employees’ social media information:
- Employees might create a social media page that is only for business for you to review.
- They might only provide you with a LinkedIn or Google profile because they are business-related.
Do you have concerns about using social media in relation to your employees?
If you have questions or concerns, you should consult with an experienced employment law defense attorney. Whenever possible, it is wise to do so before legal issues arise. Call (718) 275-6500 to arrange an appointment with Stephen D. Hans & Associates, P.C.