What are the laws concerning the use of social media in the workplace?

In California, the laws surrounding the use of social media in the workplace are regulated by the California Labor Code. This law states that employers are prohibited from asking employees or applicants to disclose any social media account information, including usernames and passwords. It also forbids employers from retaliating against employees who refuse to disclose such information. Another law in California is the California Invasion of Privacy Act (CIPA). This legislation protects employees from employers that seek to access or monitor their social media accounts. Employers are prohibited from asking employees to add them as “friends” on Facebook or other social media accounts, or from forcing employees to access their accounts or disclose any information from them in front of the employer. Employers also cannot terminate, or threaten to terminate, employees for refusing to divulge any social media account information. Additionally, employers are not allowed to post anything defamatory about an employee or former employee on social media. California also requires employers to have a policy in place that outlines the use of social media in the workplace. This policy must make clear that any posts about the company, its products, and employees must be respectful and in compliance with the law. Employers must also provide employees with access to the policy and notify them of any changes. By following the laws outlined in the California Labor Code and the California Invasion of Privacy Act, employers can ensure that their use of social media in the workplace is compliant with the law and respects employee privacy.

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