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Michigan Passes Internet Privacy Protection Act, Joins The Ranks of States Prohibiting Employers From Demanding Access To Facebook Accounts

Last summer there was a flurry of activity in state legislatures across the United States following news reports about employers requiring prospective employees to permit access to Facebook pages or other social media sites as a condition of being considered for employment.  Faced with varying levels of outrage from their constituents, state legislatures in states such as Illinois, Maryland, and California quickly passed bills designed to prohibit the practice.  Late last month, Michigan joined their ranks, prohibiting employers from requiring that current or prospective employees provide passwords to their personal internet accounts as a condition of employment. Read More ›

Tweet All About It: California Passed Two Social Media Laws

On September 27, 2012, California Governor Brown signed two laws that will provide social media protections in California. Effective January 1, 2013, California Assembly Bill 1844 (“AB 1844”) prohibits employers from demanding user names and passwords from employees and job applicants and Senate Bill 1349 ("SB 1349") makes it illegal for colleges and universities to demand social media user names and passwords from students, prospective students and student groups.  California joins Maryland and Illinois as being among the first states to have passed such social media laws.  Read More ›

Michigan’s Medicinal Marijuana Act Confirmed Not To Create Protection For Employees

On September 19, 2012, the United States Court of Appeals for the Sixth Circuit issued its much-anticipated opinion in Casias v. Wal-Mart Stores, Inc., affirming that Michigan’s Medicinal Marijuana Act (MMMA) does not protect employees from termination for using marijuana in violation of a drug-free workplace policy. That opinion resolves many open questions for employers contending with a less than artfully drafted statute. Read More ›

The “Facebook Bill” Trend- A New Illinois Law Prevents Employers From Requesting Social Media Passwords

Beginning on January 1, 2013, it will be illegal for employers to require job applicants or current employees to provide passwords to Facebook or other online social networking accounts. Last week, Illinois Governor Pat Quinn signed H.B. 3782, to amend Section 10 of the Illinois Right To Privacy In The Workplace Act, commonly known as the “Facebook Bill” (the “Act”).  Prior to this amendment, Section 10 only prohibited employers from inquiring about prospective employees’ previous claims or benefits under the Workers’ Compensation Act or the Workers’ Occupational Diseases Act. Illinois H.B. 3782 adds to this Act by making it unlawful for an employer to request passwords, or related information, from any employee or prospective employee in order to gain access to that employee’s or prospective employee’s account or profile on a social networking website.    Read More ›