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 New Mexico, employers are restricted by state law from requesting or requiring employees or job applicants to provide access to their personal social media accounts. This includes prohibitions against asking for usernames, passwords, or demanding that an employee access their social media in the employer's presence. New Mexico's laws also protect employees from retaliation if they refuse to disclose such information, meaning that employees cannot be penalized, disciplined, or terminated for not providing access to their personal social media accounts. However, these protections may not apply in situations where an employer is conducting an investigation into allegations of employee misconduct, such as harassment on social media, or potential violations of laws and regulations, such as workplace safety issues. Additionally, employers are allowed to request access to electronic devices like phones, computers, or tablets that they have issued to employees. It's important for both employers and employees in New Mexico to understand these regulations to ensure compliance and protect personal privacy rights.