We recently posted about an arbitration decision that reminded employers that the Stored Communications Act could impact how employers gain access to social media accounts. (See August 19th post).

Soon New Jersey employers will also have to make sure that they are complying with New Jersey’s Facebook Privacy bill. The bill specifically prohibits employers from demanding user names and passwords or access to employee’s “private” social media sites unless certain limited exceptions apply.

This bill has been kicking around in various forms for over a year when it was finally passed by the legislature only to be conditionally vetoed by Governor Christie in March. The Assembly and Senate have approved Governor Christie’s conditional veto and it is now going back to the Governor’s desk to sign.  We anticipate that it will be signed by the Governor.  The earliest date the law could be effective is January 1, 2014, but may be later depending on when Governor Christie signs the bill.

A summary of the bill can be found in this Client Alert: New Law Restricts New Jersey Employers from Requiring Access to Employees Social Media Passwords and Private Sites.  Yet another reason to update social media policies.