Law of Social Media

By Matt Worley, Esq.

Michigan joins the growing list of states to pass legislation that limits employers' right to seek social media login information from employees or applicants.  Governor Rick Snyder recently signed into law the Internet Privacy Protection Act.

This new law makes it illegal for employers to request or require employees or applicants to provide login information to online accounts, such as Facebook.  The law also prohibits discharging, disciplining, failing to hire, or otherwise penalizing a person who fails to provide access to an online account.  The law also applies to educational institutions.

Employers who violate this new law are guilty of a misdemeanor and subject to a fine of up to $1,000.  The law also allows individuals damaged by a violation to bring a civil action in district court to recover up to $1,000, plus attorney fees and costs.

There are a few exceptions to the law, including login credentials for company-paid devices and employees using personal accounts to disclose proprietary or confidential information without authorization.  Additionally, the Act recognizes that employers may need to violate the Act to stay in compliance with other state or federal laws.  This situation provides an affirmative defense to an alleged violation.

Employers are still permitted to use social media to research applicants or when deciding to implement employment decisions.

Michigan joins California, Maryland, Delaware, Illinois and New Jersey in the expanding list of states with similar laws.

If you have questions about employment law or other legal issues, contact Matt Worley at Fausone Bohn, LLP at (248) 380-0000, or online at www.fb-firm.com.

To read the original article, please visit: 

http://www.theoaklandpress.com/articles/2013/01/02/business/doc50e440f6235bf812525429.txt?viewmode=fullstory

Keith Madden Announcement

Keith graduated from the University of Michigan Dearborn in 1981. He was an air traffic controller prior to law school. Keith graduated first in his class from Wayne State University Law School in 1987.

Keith spent 13 years with Angelo Plakas & Associates before becoming the City of Westland's Director of Personnel and Operations for 12 years. His practice will focus on municipal law, employment law, and research and writing to assist the firm's litigation practice.

Keith can be reached at kmadden@fb-firm.com or (248) 380-0000, ext. 245.