New York Employers Beware: State's Social Media Privacy Law
The legislation, which became effective on March 12, 2024, imposes a strict prohibition on a New York employer's ability to access the social media accounts of employees and job applicants, with only a few exceptions permitted.
The legislation applies to all employers governed by the New York Labor Law, except for law enforcement agencies, fire departments of corrections, and community supervision.
What is Prohibited by Law?
The bills amend the New York Labor Law (NYLL) in several ways…
It prohibits employers from soliciting or requiring employees or job applicants to divulge their username, password, or any other access credentials for their personal social media accounts.
It prohibits employers from requiring employees and job applicants to access their personal social media accounts in the presence of the employer.
It prohibits employers from mandating or requesting employees or job applicants to provide copies of photographs, videos, or any other content from their personal social media accounts.
The law also protects employees and job applicants from any retaliation from the employer for refusing to disclose such details.
What are Potential Exceptions?
Among other things, the law still allows employers to…
Request access to information for non-personal accounts used to access the employer's internal systems.
Request access to information for business-related accounts.
Access employer-provided electronic communication devices under certain conditions.
Impose restrictions on employee internet access while using company resources.
Comply with court orders regarding employee accounts.
The law does not interfere with a company's obligations to screen employees or monitor communications as required by federal law or self-regulatory organizations.
Best Practices for Employers
New York employers should consider the following best practices in light of the new social media law…
Employers should review their policies and procedures concerning access to social media accounts to help guarantee adherence to this recent law.
Employers should instruct and train managers on the new restrictions.
Employers maintaining business-related social media accounts should consider formally informing all employees in writing that there is no presumption of privacy in their utilization of these accounts.
This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship.
For more information on this and other topics, please contact Kevin via any of the channels listed below:
📧 kevin@kmckernan.com | 📞 718-317-5007