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 Nebraska, the Workplace Privacy Act protects the social media privacy of employees and job applicants. Under this Act, employers are prohibited from requesting or requiring an employee or job applicant to disclose their username or password for a personal social media account. Additionally, employers cannot ask employees to access their social media accounts in the presence of the employer. The law also safeguards employees from being penalized, disciplined, or terminated for refusing to disclose such information. However, there are exceptions to these protections. For instance, an employer may conduct an investigation if there is an allegation of employee misconduct, such as harassment on social media, or if there are potential violations of laws and regulations, like workplace safety issues communicated over social media. Furthermore, employers are allowed to require or request credentials to access electronic devices provided by the employer, such as phones, computers, or tablets. It's important for both employers and employees in Nebraska to be aware of these regulations to ensure compliance and protect personal privacy rights.