What Happens In Social Media Stays In Social Media

Nevada has joined the club of states that bar employers from requiring or requesting that current or prospective employees provide access to their personal social media accounts.  Twelve other states (Arkansas, California, Colorado, Delaware, Illinois, Maryland, Michigan, New Mexico, Oregon, Utah, Washington, and, most recently, New Jersey) have placed similar restrictions on employers.  Comparable legislation is pending in at least 35 other states.  Importantly, Nevada’s A.B. 181 does not affect an employer’s right to comply with “any rule of a self-regulatory organization.”  Securities firms affected by rules promulgated by the Financial Industry Regulatory Authority (FINRA) have sought exemptions from social media laws to ensure that they can comply with FINRA’S rules, which may affect social media accounts.  The Nevada law takes effect on October 1, 2013.