Employers’ Use of Social Media in California

Labor Code Division 2, Part 3, Chapter 2.5 concerns “employer use of social media,” Chapter 2.5 was added in 2012 by Chapter 618. Labor Code Section 980 comprises Chapter 2.5.

First, the term “social media” is defined.  Second, an employer is prohibited from requiring or requesting an employee or applicant for employment to (1) disclose a username or password for the purpose of accessing personal social media; (2) access personal social media in the presence of the employer; or, (3) divulge any personal social media.

Third, an employer retains their existing rights and obligations to request an employee to divulge personal social media reasonably believed to be relevant to an investigation of allegations of employee misconduct or employee violation of applicable laws and regulations.

Fourth, an employer retains their right to require or request an employee to disclose a username, password, or other method for the purpose of accessing an employer-issued electronic device.

Fifth, an employer is prohibited from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand by the employer that violates this section of law.