Chapter 2.5. Employer Use Of Social Media of California Labor Code >> Division 2. >> Part 3. >> Chapter 2.5.
(a) As used in this chapter, "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, email, 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
(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
(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
(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