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Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN ASSEMBLY APRIL 26, 2012
AMENDED IN ASSEMBLY APRIL 17, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012

INTRODUCED BY Assembly Member Campos
(Coauthors: Assembly Members Roger Hernández, Hueso, Portantino,
and Wieckowski)

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 an employee or
prospective employee to disclose a user name or account password to
access a personal social media account that is exclusively used by
the employee or prospective employee.
Existing law imposes various duties on employers. Under existing
common law, an employer has a duty to exercise reasonable care in
employing a person and is required to use reasonable care to discover
whether a potential employee is unfit or incompetent.


This bill would state that an employer does not have a duty to
search or monitor social media before hiring an employee.

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. As used in this chapter, "social media" includes any
electronic medium where users may create, share, and view
user-generated content, including uploading or downloading videos or
still photographs, blogs, video blogs, podcasts, instant messages, or
online social networking content.
981. An employer shall not require an employee or prospective
employee to disclose a user name or account password to access a
personal social media account that is exclusively used by the
employee or prospective employee.
982. An employer does not have a duty to search or monitor social
media before hiring an employee.