Many employers review their applicants’ Facebook and Instagram pages to get an unfiltered view of the candidates they are considering hiring. But, if you ask for applicants’ social media passwords, you could violate state law, and even limiting searches to…
Posts by Category: Social Media
Maine Enacts Social Media Protections for Applicants and Employees
Effective as of October 15, 2015, employers in Maine will be restricted in their ability to access the personal social media accounts of applicants and employees. Employers may not terminate, discipline or otherwise take adverse action against an employee, or reject…
Delaware Adds to Growing Patchwork of Social Media Laws
On August 7, Delaware Governor Jack Markell signed a law to prohibit employers from interfering with the personal social media accounts of their prospective and current employees. The new law defines “personal social media” to encompass any account on a social…
Employers Can Check Applicants’ LinkedIn References Without Violating the FCRA
The United States District Court for the Northern District of California recently dismissed a proposed class action alleging that LinkedIn was a Consumer Reporting Agency (CSA) under the FCRA and violated the law when it provided an online feature that allows…
Liars on LinkedIn Likely to Lose
LinkedIn might be using a patent that would curtail fibs on the popular professional networking and job search website. LinkedIn filed a 2013 patent by Lucas Myslinski for an “Interactive Fact Checking System,” which “automatically monitors,…
California District Court Holds that LinkedIn’s “Reference Searches” Function Not a Consumer Report Under the Fair Credit Reporting Act
A judge recently handed down an important decision regarding the application of the FCRA to one of LinkedIn’s search products. The decision comes amidst a fluid legal landscape for employers and consumer reporting agencies trying to remain in compliance with the…
Virginia Limits Employer Access to Social Media Accounts of Employees and Applicants
Effective July 1, 2015, employers in Virginia will be prohibited from requiring, requesting, or causing a current or prospective employee to disclose the username and password to the individual’s social media account. The new law also prohibits employers from…
Montana to Join Growing List of States Limiting Access to Social Media?
Legislators in Montana gave final approval to H.B. 342, which would limit an employer’s ability to access the personal social media accounts of applicants and employees. The bill now goes to Governor Steve Bullock’s office. If signed, Montana would become…
NH Legislature Restricts Employer Access to Employee’s Personal Social Media
The New Hampshire Legislature passedHB 1407 which will prohib it employers from obtaining an employee’s personal social media account user name and password. The bill passed both the House and the Senate. The governor is expected to sign it into law. This bill…
New Hampshire Becomes the Latest State to Pass a Social Media Workplace Law
Starting on September 30, 2014, New Hampshire employers will be precluded from requesting or requiring that an employee or prospective employee disclose login information for accessing any personal online account or service. The new law does have several exceptions….