On May 14, 2012, a bill (S1898) was introduced by the Senate that would prohibit employers from requiring current or prospective employees to provide a password or other account information in order to gain access to the individual’s account or profile on a social networking website. This bill is quite similar to a bill introduced three days earlier by the Assembly (A2878), which was discussed at length in the May 2012 issue of the New Jersey eAuthority. The primary difference between the bills is that the prior Assembly bill provides for a civil penalty (of $1,000 to $2,500 per violation) in addition to other damages (including compensatory and consequential damages plus attorney’s fees), while this bill does not provide for a civil penalty.


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Ogletree Deakins’ employment lawyers are experienced in all aspects of employment law, from day-to-day advice to complex employment litigation.

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