New Guidelines for NJ Employers

New Jersey Governor, Chris Christie, has signed legislation that bans employers from demanding or requesting social media login information from their applicants. AB 2878 has passed and will go into effect on December 1st, 2013. It makes it illegal to:

· Require or request a current employee or applicant to provide or disclose any user name or password, or in any way provide the employer access to a personal account through an electronic communications device

· Require or request a current employee or applicant from disclosing whether he or she has a personal social media account

· Require a person to waive or limit any protections granted under the law as a condition of applying or receiving an offer of employment.

· Retaliate or discriminate against any individual that refuses to disclose login information or provide access to a personal account.

The law also provides "Whistle blower" protection to anyone alleging violations of the law and/or participating in any investigations into the violation of the law.

This law only applies to personal social media accounts; not accounts used for business purposes or accounts owned by the company. Assembly Bill 2878 is available here: