Oklahoma and Louisiana became the latest states to limit employer access to personal social media accounts of employees or job applicants. Oklahoma’s H.B. 2372 and Louisiana’s H.B. 340 both prohibit employers from requiring that employees or applicants share log-in information or passwords to social media or other personal Internet accounts. Employers also may not retaliate against employees or applicants for refusing to share the account information. Under both laws, employers may require passwords for employer-provided devices or networks and may conduct investigations if there is specific information that an employee violated laws or workplace policies. Louisiana’s law also prohibits educational institutions from requesting access to the social media accounts of students or prospective students.
TIP: Employers should be aware of the increasing number of states that have prohibited them from asking for personal social media account access.