An amendment to New York labor law means that as of March 12, employers are no longer allowed to request or require employees to disclose the login credentials for their personal social-media accounts. While the change may not affect some employers, others may have to revamp how they handle social-media accounts in the workplace, an […]
An amendment to New York labor law means that as of March 12, employers are no longer allowed to request or require employees to disclose the login credentials for their personal social-media accounts.
While the change may not affect some employers, others may have to revamp how they handle social-media accounts in the workplace, an attorney at Tully Rinckey PLLC cautions.
The amendment, signed last September by Gov. Kathy Hochul, not only prohibits employers in most circumstances from asking an employee for their username or login information, but also bars them from requesting that information from applicants either, Jared Cook, senior counsel at the law firm’s Rochester office, notes. Tully Rinckey also has an office in Syracuse.
“It basically gives employees some protection,” Cook says. Previously, there was never any specific law that said an employer couldn’t ask for that information, he adds, nor terminate an employee who refused to comply.
Now that the law is in effect, employers should review their policies to make sure they are complying.
There are a few exceptions to the new rule, Cook notes. The first is that it does not apply to any law-enforcement agency, fire department, or correctional department.
The next exception is that if the account is one known to the employer to be used for business purposes, the employer can ask for the login credentials. “This new law treats that as a business account,” Cook says.
The tricky part with this exception is figuring out where to draw the line, he adds. The accounts of employees who occasionally share news or information about their employer probably do not meet the business-account criteria, he notes.
Company-provided cell phones are another tricky area, Cook says. “If you are a business who provides cell phones to your employees, you should know how the law impacts that.”
For an employer to request access to accounts used on that phone, the employer must pay for all, or part of the cell-phone cost and service and the employee must know in advance of using the phone that the employer can request that information, Cook says.
At this time, it’s unclear what, if any, fines or penalties will be associated with the amendment, he explains. While the amendment is officially in effect, it will take some time for the New York State Department of Labor to draft regulations that fill in the missing pieces.
Some elements may also be hashed out in court as employers and employees navigate the new rule, he adds.
In any case, employers should make sure they are in compliance with the amendment and update their policies accordingly, Cook says.
Tully Rinckey is a multi-state, full-service law firm headquartered in Albany. The firm has additional New York offices in Syracuse, Rochester, Saratoga Springs, Buffalo, Manhattan, and White Plains.
