In late March we discussed a New Jersey employment law bill that had been sent to Gov. Chris Christie’s desk. The bill would have forbidden employers from inquiring about their employees’ or job candidates’ social media use. Christie has since decided to conditionally veto the bill, taking particular issue with the fact that the law would have allowed aggrieved employees and applicants to sue employers.

Christie said he would prefer for employees or applicants to complain about any violations of such an employment law to New Jersey’s labor commissioner rather than pursue lawsuits. Christie is expected to sign the bill if it is amended to become more narrow in scope and limit lawsuits.

As the bill was written, employers could be fined up to $2,500 if they requested usernames or passwords for social media websites like Facebook. Workers and job applicants could also sue employers.

The bill is also somewhat broad, in that it not only makes it illegal for employers to request usernames or passwords, but also to ask an employee or candidate whether he or she has social media accounts.

According to NJ.com, Christie believes: “Unfortunately, this bill paints with too broad a brush.”

Christie used an example of employers needing to ask job candidates about social media use when it is relevant. He said that if this bill were to become law, an employer could be sued after asking a candidate for a marketing job about his or her use of social networking sites, when such skills would be valued in the position.

However, according to Claudia Reis, President of the NJ Chapter of the National Employment Lawyers Association, an employees’ rights group with which our law firm is closely connected, Governor Christie’s conditional veto “takes all the teeth out of the law.”  Said Reis, quoted in the Law360, “If you remove the private cause of action, you’re making the law completely ineffectual. It’s another example of Governor Christie’s utter disregard for workers in this state.”

Several other states do already ban employers from seeking social media passwords or account information from employees or applicants, but New Jersey’s bill was the most aggressive. It remains to be seen how this bill will be amended and, if passed, whether it will be one of the toughest social media privacy laws.

Social media privacy is an issue for many employees and job seekers, and we believe the New Jersey Legislature should face the issue squarely and head-on, for the maximum protection of workers and candidates for employment.

Source: NJ.com, “Christie says Facebook privacy bill needs a few updates,” Salvador Rizzo, May 6, 2013