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.
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