On March 12, 2024, bill S2518A/A836 will go into effect, prohibiting employers from requesting employees and/or job applicants provide usernames, passwords, and/or other personal information necessary to access their social media accounts or from requesting or requiring an employee access their accounts in the employer’s presence. Employers are also prohibited from disciplining or retaliating against an employee and/or applicant for refusing to disclose such information.
The new law, signed by Governor Kathy Hochul on September 14, 2023, does allow employers to require employees disclose access information when an account is provided by the employer and is used for business purposes if the employer gave prior notice of their right to request or require such information. Additionally, an employee may be required to disclose personal account information pursuant to a Court order.
Under the law, employers are also allowed to access an “electronic communications device” that they paid for “in whole or in part” where the payment of the device was conditioned on the employer’s right to access the device and the employee was given prior notice and explicitly agreed to such a condition. That said, an employer cannot access an employee’s personal accounts on that device. Employers may still view an employee’s and/or applicant’s social media accounts if publicly available.
Individuals who believe their employer has violated their rights in the workplace should seek legal counsel to analyze their potential claims.