California Governor Jerry Brown has signed a new law protecting employee use of social media by prohibiting an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing the employee’s personal social media. Additionally, an employer may not require an employee or applicant to divulge any personal social media unless the employer reasonably believes such disclosure is relevant to an investigation of allegations of employee misconduct or employee violation of applicable laws or regulations. Under the new law, however, an employer may require the disclosure of a username or password for the purpose of accessing an employer-issued electronic device. Although employees may sue employers in court for a violation of the new law, the California Labor Commissioner is specifically exempted from investigating or determining any violation of the Act. (AB 1844 will become effective in California on Jan. 1, 2013.)

*This blog post was originally posted on Proskauer’s California Employment Law Blog.

Photo of Anthony J. Oncidi Anthony J. Oncidi

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination…

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.