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Facebook Controversy Spawns Legislation

Posted by Frank Steinberg | Mar 26, 2012 | 0 Comments

Well, that didn't take long.

Once the news broke that some employers are requiring Facebook log-ins, or other access, to personal information, politicians and the media waded into the fray.  Our previous posts on the subject are here and here.

Now NJ Assemblyman John Burzichelli (D-3) has introduced legislation that would make it unlawful for employers to ask for such information, or to retaliate against a job applicant for refusing to provide it.  Here is a summary of the bill.  We have not yet seen a copy of the actual bill, but will post on it when we do.

The Courier News is already behind the bill editorially.

Obviously this bill is not yet law.  However, every employer in the state needs to be aware of what is happening with this bill (and perhaps others that could be introduced on the same subject).  The chances are that some limitation on an employer's right to seek personal information from social media is going to be enacted, and perhaps quite soon.  If it happens, it will affect nearly every hiring decision in New Jersey for years to come.  We say “nearly” because there will be exceptions, but chances are they will be limited in scope.

We will keep you informed as this matter develops.

About the Author

Frank Steinberg

Frank is the founder and principal of Steinberg Law, LLC. A Jersey boy born and bred, he focuses on employment litigation and counseling, business litigation,  and aviation law. Following law school and a clerkship in the federal district court Frank spent his early career with large litigation ...

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