Many states have enacted social media privacy laws (statutes) that prohibit an employer from requesting or requiring an employee or job applicant to disclose their username or password on any personal social media account—or requesting or requiring the employee access the social media account in the presence of the employer. These laws often also prohibit an employer from penalizing, disciplining, or terminating/discharging an employee for refusing to disclose such information.

Social media privacy laws vary from state to state and may not apply if the employer is investigating an allegation of employee misconduct (harassing another employee on social media) or a violation of laws and regulations (communications on social media about workplace safety violations). And an employer may require or request an employee disclose a username, password, or other means of accessing an electronic device (phone, computer, tablet) issued by the employer.

States with specific social media privacy laws for the workplace include:

• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Illinois
• Louisiana
• Maine
• Maryland
• Michigan
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Oregon
• Rhode Island
• Tennessee
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin

In states without specific social media privacy laws for the workplace, other general privacy laws may apply.

In Michigan, the state has enacted social media privacy laws that protect employees and job applicants from having to disclose their personal social media account credentials to their employers. Under Michigan's law, employers are prohibited from requesting or requiring an employee or applicant to provide usernames or passwords for a personal social media account. Additionally, employers cannot require employees to access their social media accounts in the presence of the employer. The law also protects employees from being disciplined, penalized, or terminated for refusing to disclose such information. However, these protections may not apply if an employer is conducting an investigation into allegations of employee misconduct, such as harassment on social media, or if there are concerns about violations of laws and regulations. Furthermore, employers are allowed to request or require employees to provide access to electronic devices, such as phones, computers, or tablets, that are issued by the employer. This ensures that while employees have a right to privacy in their personal social media accounts, employers retain the ability to enforce policies and conduct investigations related to workplace conduct and compliance with legal obligations.