Florida Legislation Would Ban Employer Access to Employee, Job Seekers' Social Media Accounts
Date Published: 10-08-2013
Above: Employment Law Attorney Maria Elena Abate Notes Recently Filed Florida Employment-Related Bill
By Maria Elena Abate, Esq.
Managing Litigation Shareholder
Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb
Florida State Senator Jeff Clemens recently filed legislation (Senate Bill 198) for the 2014 Session that would prohibit employers from taking any action that would allow access to employees' Internet-based social media accounts. Notably, the bill also would prohibit the requesting of such information from prospective employees as a condition of employment.
To view the complete bill text, click here.
The growing popularity of social media has led some employers to ask employees for access to their personal accounts for various reasons.
Under the proposed law, employers would be prohibited from taking retaliatory action against an employee for refusing to provide access to his or her social media accounts.
SB 198 also provides for injunctive relief against an ongoing violation, as well as for the recovery of damages, court costs and reasonable attorney fees.
Other states, including California, Illinois, Maryland and Michigan, have passed similar laws.
Should you have any questions or comments, please contact Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb.
About Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb's Employment Law Division
Led by Managing Litigation Shareholder Maria Elena Abate, Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb's Employment Law Division has successfully represented public and private-sector clients in the prevention and defense of employment-related litigation and class actions for nearly 40 years. The Firm assists in navigating increasingly complicated state and federal workplace laws and regulations, and strategizes to prevent employment-related litigation by devising written policies and procedures that promote constructive employee relations, while mitigating and limiting future disputes.
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