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 Virginia, social media privacy in the workplace is protected under state law. Specifically, Virginia Code § 40.1-28.7:5 prohibits employers from requiring current or prospective employees to disclose the username and password to their personal social media accounts. Employers are also barred from forcing employees or applicants to add an employee, supervisor, or administrator to the list of contacts associated with their social media accounts. Furthermore, the law prevents employers from requiring an employee to access their social media account in the presence of the employer. However, there are exceptions to these rules, such as when an employer needs to investigate allegations of employee misconduct or compliance with applicable laws and regulations. It's important to note that while employers cannot ask for personal social media credentials, they can require the disclosure of usernames, passwords, or other means of access for electronic devices provided by the employer, such as phones, computers, or tablets.