In late August, New Jersey Gov. Chris Christie signed two laws — A2648 and A2878 — that will significantly affect how employers interact with employees and job applicants.

The effect of A2878 is to add New Jersey to a growing list of states that restrict an employer's right to access social media accounts of employees and potential employees. Under the new law, which takes effect on December 1, 2013, employers may not seek access to a personal account on social media website (e.g., Facebook, LinkedIn, or Twitter).

A2878 has its limits, though. It does not apply to social media accounts created for or maintained on behalf of an employer or related to business purposes. Unfortunately, the term “business purposes” is not defined so employers may struggle to make this determination. Violations are punished by fines starting at $1,000, issued by the state Department of Labor, and cannot be enforced by filing a lawsuit. Finally, the law does provide these employment-related exceptions to the no-access rule:

• Ensuring compliance with applicable laws, regulatory requirements
• Investigating work-related employee misconduct based on the receipt of specific information
• Investigating employee actions based on the receipt of specific information about the unauthorized transfer of an employer's proprietary information, confidential information or financial data to a personal account

A2648 modifies the state's "Law Against Discrimination." The law prohibits retaliation when employees seek information from current or former employees regarding pay, benefits, and membership in protected groups if the purpose "was to assist in investigating the possibility of . . . potential discriminatory treatment concerning pay, compensation, bonuses, other compensation, or benefits." The protected groups are gender, race, ethnicity, military status, and national origin. The scope of this protection could extend to a considerable amount of HR and time and attendance data, including information contained in timekeeping software and workforce management systems.

An employer does not have to provide this information in response to an employee's request, but the employer is barred from reprisals against employees who make these types of requests. Arguably, much of this conduct is already protected as concerted activity under the federal National Labor Relations Act. A2648 is effective immediately.

New Jersey employers should review their HR and recruiting practices to ensure compliance with these new laws.

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