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New Hampshire just joined a growing list of states that have enacted social media laws for employers. The law in New Hampshire states that New Hampshire employers – including household employers – may not require employees or prospective employees to provide access to their personal online accounts either through collecting log-in information or using an account once an employee has logged in. Employees may also refuse to accept a connection on an online account such as accepting a Facebook friend request and cannot be compelled to reduce privacy settings to allow a third party to view the contents of their account. Retaliation by employers against employees who refuse to comply with requests violating this statute is also prohibited.
Employers do still have the right to obtain information that is in the public domain, to collect necessary information for investigations, and to act in compliance with state and federal legal requirements. This law also does not include online accounts directly furnished or required by the employer, nor does it limit an employer’s right to limit personal online account use during working times.
The other states where similar social media legislation has been enacted are Louisiana, Maine (authorizes study), Oklahoma, Rhode Island, Tennessee and Wisconsin. Laws have been introduced or are pending in at least 28 other states.
For more information, contact GTM’s Household Employment Experts at (888) 432-7972.
