In other words, an employer cannot ask a potential hire or a current employee for the password to his/her Facebook or Twitter account to see information that might not be shared with the public.

Specifically, employers are prohibited from requiring or requesting an applicant to:

• Disclose a username or password for the purpose of accessing the applicant’s or employee's personal social media.
• Access personal social media in the presence of the employer.
• Divulge any personal social media (except in limited circumstances described below).

Social media accounts can include Facebook, LinkedIn or Twitter accounts, for example. They can also include personal email accounts.

Social media accounts are defined as “an electronic service or account, or electronic content,” including, but not limited to:

• Videos
• Still photographs
• Blogs
• Video blogs
• Podcasts
• Instant and text messages
• Email
• Online services or accounts
• Website profiles or locations2

You cannot retaliate, discipline, discharge or threaten to discharge employees for not complying with your request or demand to reveal personal social media information. However, you are not prohibited from terminating or taking other adverse action against an applicant or employee if otherwise permitted by law.

Exceptions

Employers can require an employee to access, log in, or divulge personal social media in two important instances:

• Investigations
• Employer-issued devices

Investigations: California law does not affect an employer’s rights and obligations to request an employee to divulge personal social media if that information is:

• Reasonably believed to be relevant to an investigation of employee misconduct or employee violation of applicable laws and regulations
• Used solely for purposes of the investigation or related proceedings3

Employer issued devices: An employer is still allowed to require or request an employee to disclose a user name or password or other method for purposes of accessing an employer-issued electronic device.4

1. Lab. Code section 980