New Jersey Law Prohibits Employers From Requiring Disclosure of Social Media Information

New Jersey Governor Chris Christie signed A2878 into law, prohibiting employers from requiring or requesting that a current or prospective employee disclose any user name or password to a personal social media account, or that the individual provide access to the account. The bill had previously passed the New Jersey legislature this spring but was vetoed by Governor Christie, who voiced concerns about limiting employers’ ability to screen prospective employees and protect confidential information (click here for a previous briefing about Governor Christie’s veto). As a result of Governor Christie’s concerns, the law no longer includes a provision barring employers from asking prospective or current employees whether the employee maintains a personal account. Employers may conduct investigations to ensure compliance with laws or workplace policies and may access publicly-available information.The law is effective December 1, 2013.

TIP: New Jersey employers should refrain from asking job applicants or employees to disclose log-in information for personal social media accounts.   

This tip has been created for information and planning purposes. They are not intended to be, nor should they be substituted for, legal advice, which turns on specific facts.