Nevada Passes Law Restricting Employer Access to Personal Social Media Accounts

Author: Beth P. Zoller, XpertHR Legal Editor

June 25, 2013

Nevada has enacted a new law that will prohibit employers from requiring employees or prospective employees to disclose their usernames, passwords or any other information that would provide access to personal social media accounts. +2013 Bill Text NV A.B. 181.

The new law, which takes effect October 1, 2013, will prohibit an employer from firing, disciplining or discriminating against an employee or prospective employee for failing to provide such information. Under the new law, a social media account is defined as "any electronic service or account or electronic content, including, without limitation, videos, photographs, blogs, video blogs, podcasts, instant and text messages, electronic mail programs or services, online services or Internet website profiles."

While the new law lacks some employer protections present in the newly enacted laws of other states such as the right to investigate employee social media accounts under certain circumstances, it permits employers to require an employee to disclose his or her username, password or any other information to an account or a service, other than a personal social media account, for the purpose of accessing the employer's own internal computer or information system. An employer is also not prevented from complying with state or federal statutes or regulations, or with the rules of a self-regulatory organization such as a national securities exchange or a national association of brokers and dealers.

As a result of this new law, Nevada employers should consider amending their workplace policies and practices regarding employee privacy, employment offers and interviewing job candidates. Further, employers should train those with hiring responsibilities on the requirements of this new law.