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CAN MY BOSS REQUIRE ME TO SHARE MY SOCIAL MEDIA PROFILES?

Posted by Kashif Haque | Apr 04, 2019 | 0 Comments

Can boss require social media

I think it is safe to say, most people have social media accounts if they have access to the Internet.  But some may wonder what protections are in place to protect their personal photos, daily tweets, private posts and page likes from access by a current or prospective employer.

CA LAW – EMPLOYEE SOCIAL MEDIA ACCESS

The State of California has enacted laws to restrict an employer's access to an employee's social media accounts.  California Labor Code § 980 prevents an employer from requiring or requesting an employee or job applicant to (1) provide a username or password that is used to access social media sites, (2) log on to social media sites in front of the employer, and (3) disclose social media.

EXCEPTIONS TO THE RULE

The only exception to the rule is the employer may require an employee to disclose social media reasonably believed to be relevant to an investigation related to complaints of employee misconduct or other violations of the law.  Outside of this limited exception, employers do not have the right to access an employee or job applicant's social media accounts.

However, if an employer asks, and an employee refuses to comply with the request for social media, an employer may not fire, discipline, threaten to fire or discipline, or retaliate against an employee or job applicant.

Employer violate your privacy? View our employee privacy rights page for more info.

About the Author

Kashif Haque

Kashif Haque is a trial attorney and one of the founding attorneys of Aegis Law Firm. He served as the 2015 Chairman of the Orange County Bar Association—Labor and Employment Section. Mr. Haque has obtained millions of dollars on behalf of his clients through trial, arbitration and settlement. A...

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