Employer Access to Employee and Applicant Social Media

August 12, 2015

Effective October 15, 2015, employers in Maine can no longer require employees and job applicants to disclose personal social media accounts or provide access thereto.  See http://www.mainelegislature.org/legis/bills/bills_127th/billtexts/HP064006.asp  

The Maine law is not without its exceptions.  Employers will still be able to require furnishing of social media information to comply with applicant screening requirements prescribed by law and in the case of employer investigations of employee misconduct, but only to the extent necessary to conduct such investigations.  Currently, twenty states have employee and applicant social media privacy laws.

What about Florida?  Not yet.  Senate Bill 126 was the last attempt to pass a social media privacy law.  It died in committee earlier this year.