On Sept. 14, 2023, Governor Kathy Hochul signed a bill into law with significant implications for employers impacting both the employee hiring process, and employees generally speaking. Specifically, it prohibits employers from requiring the disclosure of private, personal social media account information. More than 20 states have adopted similar legislation, including California, Connecticut, Delaware, Maryland and New Jersey.
In enacting New York State Senate Bill S2518A, the New York State Legislature added Section 201-i to New York’s Labor Law that, beginning on March 12, 2024, prohibits employers from requiring applicants for employment to provide access to their personal and private social media accounts. The endemic and pervasive use of social media whether through Facebook, Twitter (now X), TikTok, Instagram or any number of social media outlets is commonplace in the workplace. Indeed, it has become a part of our everyday lives and even a principal method of communication for many.
