BILL NUMBER: AB 1844 AMENDED
BILL TEXT
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 or , to access personal social
media , as specified 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 exercising any right
under 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, e-mail, 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 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.
(c) Nothing in this section is intended to affect an employer's
existing rights and obligations to investigate allegations of
employee misconduct or employee violation of applicable laws and
regulations.
(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.
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, e-mail, 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 either of the following:
(1) Disclose a user name or password for accessing personal social
media.
(2) Access personal social media, whether in or outside of the
presence of the employer.
(c) Nothing in this section is intended to affect an employer's
existing rights and obligations to investigate alleged workplace
misconduct.
(d) An employer shall not discharge, discipline, threaten to
discharge or discipline, or otherwise retaliate against an employee
or applicant for exercising any right of the employee or applicant
pursuant to 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.