Arkansas Publishes Regulations Clarifying Social Media Law: Employment Law Manual Updated

Authors: Beth P. Zoller and David B. Weisenfeld, XpertHR Legal Editors

Arkansas recently published regulations, AAR 010.14-500, providing additional guidance about Arkansas' 2013 social media law prohibiting employers from requesting or requiring current or prospective employees to disclose their usernames or passwords to social media accounts.

The regulations establish definitions within the law and clarify that employers are not prohibited from:

• Issuing an invitation to add a current or prospective employee through a social media account;
• Adding employees, supervisors and administrators as social media contacts where the interaction is voluntary and not coerced;
• Utilizing social media as a way of advertising to the general public or recruiting prospective employees, as long as there is no stated or implied threat to refuse to hire prospective employees who exercise their rights under the act; or
• Requiring an employee to monitor communications from the employer by means of email or a company website.

The regulations also state that any employer requirement, request, suggestion or action that occurred prior to the [August 16, 2013] effective date of the act will not be considered a violation even though the social media relationship continued. However, if an employee or prospective employee terminated the social media relationship or contact, any employer action or requirement after the act's effective date to renew or reinstate such contact will be subject to the act's requirements.

As a result of these changes, the Arkansas Privacy and Interviewing and Selecting Job Candidates sections of the Employment Law Manual have been updated.