BILL NUMBER: AB 25	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        DECEMBER 3, 2012

   An act to amend Section 980 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 25, as introduced, Campos. Employment: social media.
   Existing law prohibits a private employer from requiring or
requesting an employee or applicant for employment to disclose a
username or password for the purpose of accessing personal social
media, to access personal social media in the presence of the
employer, or to divulge any personal social media. Existing law
prohibits a private employer from discharging, disciplining,
threatening to discharge or discipline, or otherwise retaliating
against an employee or applicant for not complying with a request or
demand that violates these provisions.
   This bill would apply the provisions described above to public
employers. The bill would state that its provisions address a matter
of statewide interest and apply to public employers generally,
including charter cities and counties.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 980 of the Labor Code is amended to read:
   980.  (a) As used in this  chapter, "social  
chapter:  
   (1) "Employer" means a private employer or a public employer.

    (2)     "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, email, 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 username 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, except as provided in
subdivision (c).
   (c) Nothing in this section shall affect an employer's existing
rights and obligations to request an employee to divulge personal
social media reasonably believed to be relevant to an investigation
of allegations of employee misconduct or employee violation of
applicable laws and regulations, provided that the social media is
used solely for purposes of that investigation or a related
proceeding.
   (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.
  SEC. 2.  Because of the crucial privacy rights at issue and the
growing abuse of those rights, the Legislature finds and declares
that this act addresses a matter of statewide interest and applies to
public employers generally, including charter cities and counties.