BILL NUMBER: AB 1844	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 2, 2012
	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
    (   Principal coauthor:   Senator 
 Yee   ) 
   (Coauthors: Assembly Members Alejo, Allen, Gordon, Roger
Hernández, Hueso, Lara, Perea, Portantino, 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 applicant for employment to disclose a user name or
password for  the purpose of  accessing personal social
media  or   ,  to access personal social
media  , as specified  in the presence of the
employer, or to divulge any personal social media  . 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   not complying with a request or demand by the
employer that violates  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" means an
electronic service or account, or electronic content, including, but
not limited to, videos, still photographs, blogs, video blogs,
podcasts, instant and text messages, 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 any of the following:
   (1) Disclose a user name or password for the purpose of accessing
personal social media.
   (2) Access personal social media in the presence of the employer.
   (3) Divulge any personal social media.
   (c) Nothing in this section is intended to affect an employer's
existing rights and obligations to investigate allegations of
employee misconduct or employee violation of applicable laws and
regulations.
   (d) Nothing in this section precludes an employer from requiring
or requesting an employee to disclose a username, password, or other
method for the purpose of accessing an employer-issued electronic
device.
   (e) An employer shall not discharge, discipline, threaten to
discharge or discipline, or otherwise retaliate against an employee
or applicant for not complying with a request or demand by the
employer that violates 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.  
  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" means an
electronic service or account, or electronic content, including, but
not limited to, videos, still photographs, blogs, video blogs,
podcasts, instant and text messages, 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.