New York Enacts Law Prohibiting Employers from Wrongful Access

Recognizing that employers may wrongfully use an applicant or employee’s personal social media activity against a worker, New York has joined a number of other states across the country by enacting specific legislation protecting the privacy rights of employees and job seekers. Signed earlier this year by Governor Kathy Hochul, the amendments to the New York Labor Law went into effect on March 12, 2024. The amendments target personal social media activity, defined as “accounts or profiles on an electronic medium where users may create, share and view user-generated content.” The amendments apply to most employers, other than police, fire and corrections departments, and community supervision agencies.

peter romeroWhat Do the Amendments Prevent Your Employer from Doing?

Under the revisions to the New York Labor Law, your employer cannot:

  • Ask or require that you submit social media account access information, such as username or password
  • Compel you to log into or gain access to any personal social media account in the presence of the employer
  • Request or direct you to provide copies of any content posted on a personal social media account, including posts, pictures or videos

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We Can Help Protect Your Employment Rights

At the Romero Law Group, PLLC, we handle a wide range of legal issues for employees in Nassau and Suffolk Counties; in Brooklyn, Queens, Manhattan and the Bronx; in Westchester; and across Northern New Jersey. We offer a free initial consultation to any employee with a potential employment law dispute. To schedule an appointment, contact our offices online or call us at (631)257-5588.