Pub. 12 2014-2015 Issue 3

N E W J E R S E Y C O A L I T I O N O F A U T O M O T I V E R E T A I L E R S I S S U E N O . 4 , 2 0 1 4 14 new jersey auto retailer The proliferation of electronic communication devices gives employers valuable tools to enhance efficiency and promote economic growth. It also creates a quagmire for unsuspecting employers. This article will review several areas of potential liability employers may face. A. Employer’s request for password or accessing employee personal or social media accounts. New Jersey enacted a law prohibiting employers from requesting or requiring employees or prospective employees to disclose their private password or provide access to their personal or private social media accounts. N.J.S.A. 34:6B-6, et seq states that a “per- sonal account” is one that “is used by a current or prospective employee exclusively for personal communications, unrelated to any business purposes of the employer.” The definition does not apply to any account that is maintained, used or accessed “… for business purposes of the employer or to engage in business-related communications.” An employer who violates any provision of the Act is subject to a civil penalty. There are some important exceptions to the prohibition. For example: • An employer must comply with applicable laws or regula- tions, or • An employer may implement and enforce a policy about the use of an employer-issued electronic communications device; or • An employer may conduct an investigation of an employee’s personal account to ensure compliance with applicable laws, rules and regulations; or • An employer may investigate employee work-related mis- conduct, such as the unauthorized transfer of proprietary, confidential or financial information. Information about a current or prospective employee that is in the public domain can be accessed, viewed and utilized. Employee Use of Mobile Electronic Communication BY LUANNE PETERPAUL, ESQ.