Many states have enacted social media privacy laws (statutes) that prohibit an employer from requesting or requiring an employee or job applicant to disclose their username or password on any personal social media account—or requesting or requiring the employee access the social media account in the presence of the employer. These laws often also prohibit an employer from penalizing, disciplining, or terminating/discharging an employee for refusing to disclose such information.

Social media privacy laws vary from state to state and may not apply if the employer is investigating an allegation of employee misconduct (harassing another employee on social media) or a violation of laws and regulations (communications on social media about workplace safety violations). And an employer may require or request an employee disclose a username, password, or other means of accessing an electronic device (phone, computer, tablet) issued by the employer.

States with specific social media privacy laws for the workplace include:

• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Illinois
• Louisiana
• Maine
• Maryland
• Michigan
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Oregon
• Rhode Island
• Tennessee
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin

In states without specific social media privacy laws for the workplace, other general privacy laws may apply.

In Arkansas, the Personal Online Account Privacy Protection Act prohibits employers from requesting or requiring an employee or job applicant to disclose their username or password for a personal social media account. Employers are also not allowed to require an employee to add an employee, supervisor, or administrator to the list of contacts associated with the social media account, or to change the privacy settings associated with the account. Furthermore, employers cannot penalize, discipline, or refuse to hire an individual for refusing to provide access to their personal social media accounts. However, there are exceptions to these rules, such as when an employer needs to ensure compliance with applicable laws or regulatory requirements, or when investigating allegations of employee misconduct involving social media. Employers are permitted to request access to electronic devices they provide to employees, such as phones, computers, or tablets.