On August 29, Governor Chris Christie signed a bill that bars employers from requiring job candidates or current employees to disclose their usernames and passwords for social media sites.
The law allows aggrieved employees or applicants to report violations to the Commissioner of the Department of Labor and Workforce Development, with employers being liable for fines of $1,000 for a first violation and $2,500 for repeat violations. The law also prohibits employers from retaliating in any way against an employee who exercises his or her rights under the law. These retaliation provisions extend to employees who refuse to provide their passwords, report violations, or participate in investigations into violations of the law.
Gov. Christie conditionally vetoed a previous version of the legislation that would have provided employees the right to bring private civil actions to enforce the bill. In his veto, the governor also added a provision allowing employers to request or require that employees disclose whether they maintain a private social media account. Therefore, in the version of the bill signed by Gov. Christie, employers may require employees or applicants to disclose whether they maintain a private social media account. The new law makes clear that (1) the law will not apply to an individual's social media accounts that are used for business purposes; (2) employers may access an employee's or applicant's social media pages to the extent that they are shared publicly; and (3) employers may investigate a violation of law, employee misconduct, or the unauthorized transfer of proprietary, confidential or financial information via an employee's personal social media account.
New Jersey joins a growing list of states with similar protections for current or prospective employees, including Arkansas, California, Illinois, Maryland, New Mexico, Oregon and Washington. These laws have garnered much media attention as they have progressed through their respective legislatures. However, it is unclear whether the problem addressed by the statutes - employers requiring employees' usernames and passwords - is sufficiently widespread for the statutes to have much, if any, impact in the workplace.
Michael K. Furey authored article, "Is It Worth the Risk to Represent a Client Who Has Fired a Previous Attorney?," for the New Jersey Law Journal.
On February 26, Heather Weine Brochin will be speaking at "Weathering NJ's New Employment and Contracting Laws," a seminar presented by the New Jersey Builders Association (NJBA) and held in Robbinsville, NJ.
On January 7, Francine Esposito presented a live webinar, "FMLA Leave Is Exhausted: How to Address Transfer and ADA Accommodation Requests, Fitness-for-Duty Exams, and More," sponsored by BLR.
Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.
On October 24, Heather Weine Brochin and Mike Dell will present a webcast, titled "2019: A Year of Dramatic Changes for Mandatory Employment Arbitration?" in partnership with Celesq and West LegalEdcenter/Thomson Reuters.
Day Pitney Managing Partner Thomas Goldberg was quoted in Hartford Business Journal article, "Hartford law firms see spike in COVID-19-related business."
Daniel Schwartz was quoted in Hunt Scanlon Media article, "Defending Against the Cancel Culture from the Inside Out."
Day Pitney Press Release
Day Pitney Press Release
Day Pitney's Michael Napoleone has been appointed to the Palm Beach County League of Cities board of directors.