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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
BILL NUMBER: AB 1844	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Campos
    (   Coauthors:   Assembly Members 
 Roger Hernández,   Hueso,   Portantino, 
 and Wieckowski   ) 

                        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  a
  an employee or  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" 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, instant messages, or
online social networking content.
   981.  An employer shall not require  a   an
employee or  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.
   982.  An employer does not have a duty to search or monitor social
media before hiring an employee.
                                
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