Q&A

Is it legal to monitor employee social media?

Is it legal to monitor employee social media?

Currently, there are no federal laws that prohibit an employer from monitoring employees on social networking sites. You can install software on company computers that does this, or hire third-party companies to monitor online activity.

What are the laws on social media in the workplace?

Regional and country-specific laws directly affect employees’ rights to use social media in the workplace and employer’s rights to monitor those employees’ activities. Employee privacy laws also vary across industries.

Why does my employer not have a social media policy?

Problems can and do arise when employees’ social media activities are not in line with their employer’s expectations. Often, employers don’t have a social media policy in place at all.

What does the California Labor Code say about social media?

The California Labor Code has a specific provision related to Employer Use of Social Media (Chapter 2.5 Section 980). The Section lays out an employer’s responsibilities with respect to their employees’ use of social media and restrictions on what an employer can ask for.

How to prevent unlawful disclosure of employee data?

Employers can take the following steps to limit unlawful disclosure of private employee data: Review all service agreements with your employee benefit plan vendors for privacy/confidentiality provisions. Review your internal practices regarding the flow and protection of sensitive information.

Can a employer require you to disclose your social media account?

Wisconsin: Employers cannot require or request prospective or current employees to disclose login information to personal social media accounts, or require prospective or current employees to allow employers to observe their personal social media account in the employer’s presence (2014). Joanne Deschenaux, J.D., is SHRM’s senior legal editor.

Regional and country-specific laws directly affect employees’ rights to use social media in the workplace and employer’s rights to monitor those employees’ activities. Employee privacy laws also vary across industries.

Is it legal for employers to share personal information with other companies?

Employers routinely disclose employees’ personal information to other companies for business purposes, such as administering payroll and health benefits. This is perfectly lawful under Arizona law. Employees’ personal information, however, should be protected from inappropriate use or from being willfully re-disclosed without authorization.

Is it legal for an employer to disclose employee information?

Beyond these restrictions, the disclosure of employee information is largely unregulated. In fact, many employers share with third-party vendors a variety of personal information about workers as part of outsourcing administrative functions.