Important California Legislative Developments
Governor Brown recently signed numerous bills into law, several
of which impact private employer obligations to their California
employees. Except as specifically noted, all of the new laws
discussed below are effective as of January 1, 2013.
Social Media Protections – AB 1844:
California law will expressly prohibit, with limited exceptions,
employers from requiring or requesting that an employee or
applicant (a) disclose a username or password for personal social
media to, (b) access personal social media in the presence of, or
(c) divulge any personal social media to the employer.
Notwithstanding the prohibitions, an employer is specifically
authorized to request such information if it is "reasonably
believed" to be relevant to an investigation of employee
misconduct or violation of applicable laws and regulations, and
limited to that purpose or a related proceeding. Further, employers
may not retaliate against an
