Bill Text: CA AB1844 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Employer use of social media.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Passed) 2012-09-27 - Chaptered by Secretary of State - Chapter 618, Statutes of 2012. [AB1844 Detail]

Download: California-2011-AB1844-Amended.html

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BILL NUMBER: AB 1844	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 20, 2012
	AMENDED IN SENATE  JULY 2, 2012
	AMENDED IN SENATE  JUNE 20, 2012
	AMENDED IN ASSEMBLY  APRIL 26, 2012
	AMENDED IN ASSEMBLY  APRIL 17, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Campos
   (Principal coauthor: Senator Yee)
   (Coauthors: Assembly Members Alejo, Allen, Gordon, Roger
Hernández, Hueso, Lara, Perea, Portantino, Wagner, Wieckowski, and
Yamada)

                        FEBRUARY 22, 2012

   An act to add Chapter 2.5 (commencing with Section 980) to Part 3
of Division 2 of the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1844, as amended, Campos. Employer use of social media.
   Existing law generally regulates the conduct of employers in the
state.
   This bill would prohibit an employer from requiring or requesting
an employee or applicant for employment to disclose a user name or
password for the purpose of accessing personal social media, to
access personal social media in the presence of the employer, or to
divulge any personal social media. This bill would also prohibit an
employer from discharging, disciplining, threatening to discharge or
discipline, or otherwise retaliating against an employee or applicant
for not complying with a request or demand by the employer that
violates these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2.5 (commencing with Section 980) is added to
Part 3 of Division 2 of the Labor Code, to read:
      CHAPTER 2.5.  EMPLOYER USE OF SOCIAL MEDIA


   980.  (a) As used in this chapter, "social media" means an
electronic service or account, or electronic content, including, but
not limited to, videos, still photographs, blogs, video blogs,
podcasts, instant and text messages, email, online services or
accounts, or Internet Web site profiles or locations.
   (b) An employer shall not require or request an employee or
applicant for employment to do any of the following:
   (1) Disclose a  user name   username  or
password for the purpose of accessing personal social media.
   (2) Access personal social media in the presence of the employer.
   (3) Divulge any personal social media  , except as provided in
subdivision (c)  .
   (c) Nothing in this section  is intended to  
shall  affect an employer's existing rights and obligations to
 investigate   request an employee to divulge
personal social media reasonably believed to be relevant to an
investigation of  allegations of employee misconduct or employee
violation of applicable laws and regulations  , provided that
the social media is used solely for purposes of that investigation or
a related proceeding  .
   (d) Nothing in this section precludes an employer from requiring
or requesting an employee to disclose a username, password, or other
method for the purpose of accessing an employer-issued electronic
device.
   (e) An employer shall not discharge, discipline, threaten to
discharge or discipline, or otherwise retaliate against an employee
or applicant for not complying with a request or demand by the
employer that violates this section. However, this section does not
prohibit an employer from terminating or otherwise taking an adverse
action against an employee or applicant if otherwise permitted by
law.