BILL NUMBER: AB 1844	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2012
	AMENDED IN ASSEMBLY  APRIL 26, 2012
	AMENDED IN ASSEMBLY  APRIL 17, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Campos
   (Coauthors: Assembly Members  Alejo,   Allen, 
 Gordon,  Roger Hernández, Hueso,  Lara,  
Perea,  Portantino,  and Wieckowski  
Wagner,   Wieckowski,   and Yamada  )

                        FEBRUARY 22, 2012

   An act to add Chapter 2.5 (commencing with Section 980) to Part 3
of Division 2 of the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1844, as amended, Campos. Employer use of social media.
   Existing law generally regulates the conduct of employers in the
state.
   This bill would prohibit an employer from requiring  or
requesting  an employee or  prospective employee
  applicant for employment  to disclose a user name
or  account  password  to access a
  for accessing  personal social media 
account that is exclusively used by the employee or prospective
employee   or to access   personal social
media, as specified  .  This bill would also prohibit an
employer from discharging, disciplining, threatening to discharge or
discipline, or otherwise retaliating against an employee or applicant
for   exercising any right under these provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2.5 (commencing with Section 980) is added to
Part 3 of Division 2 of the Labor Code, to read:
      CHAPTER 2.5.  EMPLOYER USE OF SOCIAL MEDIA


   980.   (a)    As used in this chapter, "social
media"  includes any   means an  electronic
 medium where users may create, share, and view
user-generated content, including uploading or downloading videos or
  service or account, or   electronic content,
including, but not limited to, videos,  still photographs,
blogs, video blogs, podcasts, instant  and text  messages,
 or online social networking content   e-mail,
online services or accounts, or Internet Web site profiles or
locations . 
   (b) An employer shall not require or request an employee or
applicant for employment to do either of the following:  
   (1) Disclose a user name or password for accessing personal social
media.  
   (2) Access personal social media, whether in or outside of the
presence of the employer.  
   (c) Nothing in this section is intended to affect an employer's
existing rights and obligations to investigate alleged workplace
misconduct.  
   (d) An employer shall not discharge, discipline, threaten to
discharge or discipline, or otherwise retaliate against an employee
or applicant for exercising any right of the employee or applicant
pursuant to this section. However, this section does not prohibit an
employer from terminating or otherwise taking an adverse action
against an employee or applicant if otherwise permitted by law. 

   981.  An employer shall not require an employee or prospective
employee to disclose a user name or account password to access a
personal social media account that is exclusively used by the
employee or prospective employee.