Nevada’s new law restricting employer access to employees’ and applicants’ social media accounts and credit information goes into effect October 1. Assembly Bill 181, signed by Governor Brian Sandoval on June 13, provides protections for employees’ personal social media accounts and prohibits employers from conditioning employment on consumer credit reports or other credit information.
The social media part of the law prohibits employers from asking employees or applicants for their user names, passwords, or other information that provides access to their personal social media accounts. The law also prohibits employers from taking action or threatening to take action against employees or applicants for not providing access to their accounts.
The law allows employers to require employees to disclose user names, passwords, or other information to nonpersonal accounts or services in order to access the employer’s internal computer or information systems. Also, the law stipulates that it doesn’t prohibit employers from complying with any state or federal law or regulation or with any rule of a self-regulatory organization.
The credit information part of the law prohibits employers from asking employees and applicants to submit consumer credit reports or other credit information as a condition of employment. Employers also are prohibited from using, accepting, referring to, or inquiring about consumer credit reports or other credit information.
The law also prohibits employers from discharging, disciplining, discriminating against, or denying employment or promotions to employees or applicants who don’t provide a consumer credit report or other credit information. The law protects those who have filed a complaint or instituted a proceeding pursuant to the law, testified, or exercised their rights on behalf of themselves or others under the law.
More information about the new law can be found in the September issue of Nevada Employment Law Letter.