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Upcoming Changes to New York’s Employment Laws


rss.shrm.org | Richard Greenberg, Daniel Jacobs, Henry Shapiro, Noel Tripp, Christopher Valentino & Kevin Murray © Jackson Lewis

​New York State Gov. Kathy Hochul continues to sign legislation emanating from a busy legislative session, including legislation prohibiting employers from accessing employee social media account log-in information, requiring written notice of unemployment insurance benefits, and modifying the New York Labor Law’s definition of “clerical and other worker.”

Social Media Accounts

Hochul recently signed a bill that prohibits employers from requesting or requiring an employee’s personal username, login information, passwords, or social media accounts as a condition of hiring, a condition of employment, or for use in a disciplinary action. This legislation mirrors enactments in many other jurisdictions.

The new law prohibits employers from requesting, requiring, or coercing employees and job applicants to:

  • Disclose their username, password, or other log-in information used to access their personal account through an electronic communications device.
  • Access their personal account in the employer’s presence.
  • Reproduce photos, videos, or other information contained in their personal account through means prohibited under the law.

A carve-out exists for employers to request or require employees to disclose log-in information for accounts that were provided by the employer and that are used for business purposes, so long as the employee was provided notice of the employer’s right to request such information. There is an exemption for employers that request or require an employee to…


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