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 West Virginia, 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 these laws, employers are prohibited from requesting or requiring an employee or applicant to provide usernames or passwords for personal social media accounts. Additionally, employers cannot demand that employees access their social media accounts in the presence of the employer. The laws also protect employees from being penalized, disciplined, or terminated for refusing to disclose such information. However, these protections may not apply if an employer is conducting an investigation into allegations of employee misconduct, such as harassment on social media, or if there are concerns about violations of laws and regulations, like workplace safety issues communicated on social media. It's important to note that these privacy protections do not extend to electronic devices provided by the employer, such as phones, computers, or tablets, for which an employer may require or request access credentials.