Arkansas, New Mexico and Utah are the most recent states to enact legislation that limits employer access to the private social media accounts of employees and job applicants. Earlier this year, a similar federal bill – the Social Networking Online Protection Act – was re-introduced in Congress.

In general, these new laws prohibit employers from compelling employees and job applicants to disclose user names or passwords to their private social media accounts. The laws do not restrict an employer or potential employer's ability to view social media information that is otherwise publicly available.