California Assembly Bill AB1844 Amended / Bill

 BILL NUMBER: AB 1844AMENDED BILL TEXT AMENDED IN SENATE AUGUST 20, 2012 AMENDED IN SENATE JULY 2, 2012 AMENDED IN SENATE JUNE 20, 2012 AMENDED IN ASSEMBLY APRIL 26, 2012 AMENDED IN ASSEMBLY APRIL 17, 2012 AMENDED IN ASSEMBLY MARCH 29, 2012 INTRODUCED BY Assembly Member Campos (Principal coauthor: Senator Yee) (Coauthors: Assembly Members Alejo, Allen, Gordon, Roger Hernndez, Hueso, Lara, Perea, Portantino, Wagner, Wieckowski, and Yamada) FEBRUARY 22, 2012 An act to add Chapter 2.5 (commencing with Section 980) to Part 3 of Division 2 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST AB 1844, as amended, Campos. Employer use of social media. Existing law generally regulates the conduct of employers in the state. This bill would prohibit an employer from requiring or requesting an employee or applicant for employment to disclose a user name or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media. This bill would also prohibit an employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand by the employer that violates these provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 2.5 (commencing with Section 980) is added to Part 3 of Division 2 of the Labor Code, to read: CHAPTER 2.5. EMPLOYER USE OF SOCIAL MEDIA 980. (a) As used in this chapter, "social media" means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. (b) An employer shall not require or request an employee or applicant for employment to do any of the following: (1) Disclose a  user name   username  or password for the purpose of accessing personal social media. (2) Access personal social media in the presence of the employer. (3) Divulge any personal social media  , except as provided in subdivision (c)  . (c) Nothing in this section  is intended to   shall  affect an employer's existing rights and obligations to  investigate   request an employee to divulge personal social media reasonably believed to be relevant to an investigation of  allegations of employee misconduct or employee violation of applicable laws and regulations  , provided that the social media is used solely for purposes of that investigation or a related proceeding  . (d) Nothing in this section precludes an employer from requiring or requesting an employee to disclose a username, password, or other method for the purpose of accessing an employer-issued electronic device. (e) An employer shall not discharge, discipline, threaten to discharge or discipline, or otherwise retaliate against an employee or applicant for not complying with a request or demand by the employer that violates this section. However, this section does not prohibit an employer from terminating or otherwise taking an adverse action against an employee or applicant if otherwise permitted by law.