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 Washington State, employers are restricted by law from asking employees or job applicants for their personal social media account credentials. Under RCW 49.44.200, employers cannot request or require an employee or applicant to disclose login information for a personal social media account, nor can they ask employees to access their social media in the presence of the employer. Additionally, employers are prohibited from taking retaliatory actions such as firing, disciplining, or penalizing employees for refusing to share such information. However, these protections do not apply if the employer is conducting an investigation into allegations of employee misconduct or compliance with laws and regulations, which may involve social media activity. Employers are also permitted to request credentials for accessing employer-issued electronic devices. Washington's stance on social media privacy in the workplace reflects a growing trend among states to safeguard employees' online privacy against employer intrusion.