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 Wisconsin, the state has enacted social media privacy laws that protect employees and job applicants from having to disclose their personal social media account credentials to their employers. Under Wisconsin Statute 995.55, employers are prohibited from requesting or requiring an employee or applicant to provide access to, or observe, a personal social media account. This law also prevents employers from discharging, disciplining, or otherwise penalizing an employee for refusing to grant such access. 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. Additionally, employers are allowed to request credentials for accessing electronic devices provided by the employer, such as phones, computers, or tablets. It's important for both employers and employees in Wisconsin to be aware of these regulations to ensure compliance and protect personal privacy.