Greg Hanscom and Christina Michael's article "Social Media's Effect on Non-Solicitation and Confidentiality Agreements," was featured on Human Resource Executive Online.

Over the past couple of months there has been a flurry of legislative activity at the state level concerning an employer’s ability to access the social media accounts of potential or current employees, Greg wrote.

Legislation introduced in Connecticut, for example:

  1. Precludes employers from requiring potential or current employees to disclose the login information for their social media pages.
  2. Bars employers from asking potential or current employees to access a social media page “in the presence of [the] employer,” and 
  3. Generally prohibits employers from taking adverse action in response to a potential or current employee who refuses to provide the login information for their social media pages or access such pages in front of the employer. 

The Connecticut legislation also contains a number of enforcement mechanisms including civil fines, rehiring or reinstating an employee, and an award of attorney’s fees and costs if the state’s labor commission, in response to a complaint, finds the employer violated the statute, Greg explained.