HR News & Trends, Legal Issues

Nevada’s New Social Media Law Takes Effect October 1

las vegas welcome

By Scott Mahoney

Unless it is necessary to comply with a state or federal law or regulation, effective October 1, 2013, it will be illegal for a Nevada employer to require, request, or even suggest that an employee or a prospective employee disclose the user name, password or other access information to his or her personal social media account.

The new law broadly defines “social media account.” It includes any electronic service or account, or electronic content, including videos, photographs, blogs, video blogs, podcasts, instant and text messages, email programs or services, online services or Internet website profiles.

Narrow exceptions

It will also be unlawful to fire, discipline, or discriminate against, (or fail to hire or promote), any employee or prospective employee who refuses, declines, or fails to provide this information.

It is only permissible to require an employee to provide the user name, password, or other information that is necessary to access the employer’s own internal computer or information system.

Action needed? We suggest that you educate the appropriate persons in your organization about the change in the law, and review your policies and procedures to ensure that their language is consistent with the new law.

This was originally published on Fisher & Phillips’ Legal AlertsThis Legal Alert is intended to provide an overview of an important new law. It is not intended to be, nor should it be construed as, legal advice for any particular fact situation.

Scott Mahoney is a partner in the Las Vegas office of the law firm Fisher & Phillips. He is an experienced trial lawyer who defends harassment, discrimination, retaliation, wrongful termination and other cases. He also advises employers regarding employee handbooks, policies and procedures, terminations, employment contracts and responses to administrative agency complaints, with special emphasis in the hospitality and gaming industries. Contact him at smahoney@laborlawyers.com.