Legislation that bars employers from requiring current or prospective employees to turn over their login information for social networking websites as a condition of employment is now law.
The new law (A-2878) incorporates several changes made by Governor Christie in his conditional veto issued in May while still maintaining protections for current and prospective employees.
The legislation initially came amidst of reports that private businesses and higher education institutions are demanding Facebook login information from job applicants. A companion bill that bars colleges and universities from asking for this information became law in December.
A-2878 prohibits an employer from requiring a current or prospective employee to provide or disclose any user name, password or other means for accessing a personal account or service through an electronic communications device. However, the law was amended to strike the clause prohibiting employers from asking a current or prospective employee if they have a personal account or profile on a social networking website.
Violations of the provisions of the law carry civil penalties up to $1,000 for the first violation and $2,500 for each subsequent violation.
The law also prohibits an employer from requiring a prospective employee or applicant to waive or limit any protection granted under the bill as a condition of applying for or receiving an offer of employment. The law also protects employees who report an alleged violation to the Commissioner of Labor and Workforce Development.
Changes made to the law also permit an employer to view, access and utilize any information about an employee/prospective employee that can be obtained in the public domain.
