Model Social Media Privacy Legislation To Be Proposed in 2016

The Uniform Law Commission (ULC), a non-profit unincorporated association comprised of state commissions on uniform laws from each state, recently announced that it intends to vote on model social media privacy legislation in 2016. The proposed legislation would seek to bring uniformity and consistency to social media privacy legislation across the states, particularly in those

Maine Is Latest State To Restrict Employer Access To Personal Social Media Accounts

Recently, Maine became the latest state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring, coercing or requesting an employee or applicant: to disclose the password or any other means for accessing a personal social media account; to provide access

New Technology Heightens Risk For Employers Using Social Media For Hiring

As this article highlights, new technologies can heighten the already very real risks employers potentially face when using social media as part of the hiring process. The new app described in the article permits an employee, such as a hiring manager, to view an estimate of a job applicant’s age when reviewing the applicant’s LinkedIn

Montana Is 20th State To Restrict Employer Access To Personal Social Media Accounts

Recently, Montana became the 20th state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring or requesting an employee or applicant: to disclose to the employer user names and passwords for their personal social media accounts for the purpose of

Magistrate Judge Rules LinkedIn’s “Reference Search” Does Not Violate Fair Credit Reporting Act

As we discussed in a previous post, a class action lawsuit (Sweet, et al. v. LinkedIn) was filed last year against LinkedIn in California based on allegations that the reference reports LinkedIn generates for premium subscribers, including many employers, violate the Fair Credit Reporting Act (“FCRA”). Ruling on LinkedIn’s motion to dismiss, Northern District Magistrate

Virginia Joins Nationwide Trend Limiting Employers’ Access To Employees’ Social Media Accounts

Effective July 1, 2015, employers in Virginia will have to comply with a new law limiting their access to employees’ and applicants’ social media accounts. The new law prohibits employers from requiring employees or applicants (1) to disclose usernames and passwords for their personal social media accounts and (2) to add the employer or fellow

Proposed Arkansas Bill Permitting Employer Access To Employees’ Social Media Accounts Rejected

At the end of March, a bill that would have permitted some employers to require employees to provide access to their personal social media accounts did not garner enough votes to make it out of an Arkansas Senate committee after it passed the Arkansas House of Representatives by an overwhelming majority. Although Arkansas, like multiple

EEOC and NLRB Continue to Focus on Employers’ Use of Social Media

At a panel discussion held on November 12, 2014, NLRB General Counsel Richard Griffin, NLRB Member Harry Johnson, III, and EEOC Commissioner Chai Feldblum discussed several topics important to employers, including the use of social media to screen job applicants. All of the panelists agreed that employers must be careful when reviewing social media profiles

Class Action Suit Alleges LinkedIn Violated FCRA By Providing Employers With Reference Reports

Another interesting case filed in California recently highlights the myriad risks employers face when using social media as part of their hiring process. A class action lawsuit was filed in the Central District of California against LinkedIn based on allegations that the reference reports LinkedIn generates for premium subscribers, including many employers, violate the Fair

EEOC Addresses Employers’ Use of Social Media in Hiring Decisions at Recent FTC Workshop

The Federal Trade Commission recently hosted a public workshop entitled “Big Data: A Tool for Inclusion or Exclusion?” in which it addressed the increasing number of legal issues raised by companies’ collection, analysis, use, and storage of data.  While increasing access to big data provides companies with benefits, such as improved product offerings, more efficient