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 ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Campos

                        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.  Under existing common law, an employer has a duty to
exercise reasonable care in employing a person and is required to use
reasonable care to discover whether a potential employee is unfit or
incompetent.  
   This bill would provide that an employer does not fail to exercise
reasonable care to discover whether a potential employee is unfit or
incompetent by the employer's failure to search or monitor social
media, as defined, before hiring the employee. 
   This bill would  also  prohibit an employer from
requiring  an employee or   a  prospective
employee to disclose a user name or account password to access  a
personal  social media  account that is exclusively 
used by the  employee or  prospective employee. 

   Existing law imposes various duties on employers. Under existing
common law, an employer has a duty to exercise reasonable care in
employing a person and is required to use reasonable care to discover
whether a potential employee is unfit or incompetent.  
   This bill would state that an employer does not have a duty to
search or monitor social media before hiring an employee. 
   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.  As used in this chapter, "social media"  means an
  includes any  electronic medium where users may
create  , share,  and view user-generated content, including
uploading or downloading videos or still photographs, blogs, video
blogs, podcasts,  or  instant messages  , or
online social networking content  . 
   981.  For purposes of a claim of negligent hiring, an employer
does not fail to exercise reasonable care to discover whether a
potential employee is unfit or incompetent by the employer's failure
to search or monitor social media before hiring the employee.
 
   982.  An employer shall not require an employee or prospective
employee to disclose a user name or account password to access social
media used by the employee or prospective employee.  
   981.  An employer shall not require a prospective employee to
disclose a user name or account password to access a personal social
media account that is exclusively used by the prospective employee.
 
   982.  An employer does not have a duty to search or monitor social
media before hiring an employee.