About

As employment law constantly changes, the attorneys at Bean, Kinney & Korman stay up to date on the law as it develops. Our blog topics focus on those changes and what you need to know about them, ranging from severance agreements and the FLSA to social media in the workplace and recent court decisions. If you are interested in having us cover a specific topic, please let us know.

Contact Us

Topics

Archives

Select Month:

Contributors

Posts tagged privacy.
New Law Limits Virginia Employers’ Access to Social Media Accounts

Effective July 1, 2015, employers in Virginia will be prohibited from requesting usernames and passwords for social media accounts of current employees or applicants.  Specifically, Va. Code 40.1-28.7:5 will prohibit employers from:

  • Requiring a current or prospective employee to disclose the username and password to his social media account;
  • Requiring a current or prospective employee to add an employee, supervisor, or administrator to his list of contacts;
  • Using any login information inadvertently obtained to access an employee’s social media account;
  • Disciplining an employee for exercising his rights under this section;
  • Refusing to hire an applicant for exercising his rights under this section.
Virginia May Soon Join Maryland in Prohibiting Employers from Asking for Social Media Passwords

Virginia appears poised to join Maryland and a handful of other states that ban employers from asking current employees and applicants for access to their social media accounts, like Facebook. Earlier this month, the Virginia legislature passed a bill that precludes an employer from requesting or compelling an employee to: 1) divulge passwords or usernames for the employee’s social media accounts; or 2) add the employer to the contacts associated with the employee’s social media accounts. The restrictions also apply to applicants for employment. It is still permissible under the law for an employer to seek access information to an employee’s social media accounts, but only if the information is reasonably needed to investigate allegations of unlawful employee activity or necessary to comply with other laws. Unless vetoed, the law will become effective by the end of March 2015, or sooner.