Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 25

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 amended, 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:

(1) “Employer” means a private employer or a public employer.
begin insert For purposes of this chapter, “public employer” means the state,
a city, a county, or a district. end insert

(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, begin delete email, end delete begin insert e-mail, end insert 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.