Breaking Bad? New Mexico Latest to Pass Workplace Social Media Law

By Eric B. Meyer

No way, Heisenberg is gonna be cool with this. Not a chance.

Earlier this month, New Mexico joined Maryland, Illinois, California, Michigan, and Utah, by becoming the sixth state to pass a law, which makes it unlawful for an employer to request or require that a prospective employee fork over a social media password as a condition of gaining employment.

However, New Mexico’s law is unique in that it only coves prospective employees, and not the existing workforce.

Lest anyone get the wrong idea, I am not in favor of employers asking candidates or current employees for social media passwords. Instead, as I’ve noted before, there is not empirical evidence that employers asking for social media passwords is a common practice.

Therefore, these laws seek to regulate a “problem” that rarely, if ever, exists.

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Que sera.

This was originally published on Eric B. Meyer’s blog, The Employer Handbook.

 

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? Eric B. Meyer, Esq. gets companies HR-compliant before the action sequence. Serving clients nationwide, Eric is a Partner at FisherBroyles, LLP, which is the largest full-service, cloud-based law firm in the world, with approximately 210 attorneys in 21 offices nationwide. Eric is also a volunteer EEOC mediator, a paid private mediator, and publisher of The Employer Handbook (www.TheEmployerHandbook.com), which is pretty much the best employment law blog ever. That, and he's been quoted in the British tabloids. #Bucketlist.

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