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NM Employers Can’t Ask for Applicants’ Facebook Passwords

Joining a handful of other states that limit employer access to social media accounts, New Mexico on Apr. 5 passed a law forbidding employers from demanding passwords from prospective employees.


Job Applicants Only

Under the new law, employers are forbidden from requesting or requiring job applicants to provide access to their social media accounts.

“Joining Maryland, Illinois, California, Michigan and Utah, New Mexico is now the sixth state to prohibit employers from mandating access to a job applicant’s password-protected social media account,” note lawyers Katharine H. Parker and Daniel L. Saperstein in a client alert from Proskauer Rose.

“Unlike the other laws, however, New Mexico’s is silent as to current employees,” add Parker and Saperstein. “It also should be noted that New Mexico’s new law does not set forth a remedial scheme for damages or penalties.”

The New Mexico law makes exceptions for employers to use policies to regulate and monitor employees’ use of the Internet and social media sites at work, and to snag all the publicly-available info they can about prospective employees.


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