In the first post of this series on the debate over employers asking employees and applicants for social media passwords, we covered how two Senators have asked the Equal Employment Opportunity Commission and Department of Justice to investigate the reported phenomenon and how a bill prohibiting the practice failed in the House of Representatives. Although that piece of legislation failed, similar bills are being considered and passing at the state level. In this post, we’ll look at what state legislators are doing about employers that demand social media passwords.

So far, legislation to limit or bar password requests has been considered or passed in California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, and Washington. The proposals largely forbid employers from asking applicants or employees for passwords, and some forbid penalizing those who complain about the practice or refuse to give out passwords. Some cover e-mail as well as social media passwords.

Here is a look at what some of our Employers Counsel Network attorneys have to say about the developments in their states: read more…

Previously, we discussed the dangers of distracted driving — when employees use mobile technology (yours or theirs) while driving a car (yours or theirs) — and gave some tips for writing policies for your handbook. Now, we bring you actions you can take to further ensure that your employees don’t drive distracted courtesy of employment law attorney Eileen Johnson:

1. Check the driving record of any employee who regularly drives as part of his work duties. You might already do that when hiring new drivers. However, you should review employees’ driving records at least annually to ensure they remain safe drivers. read more…