New Hampshire becomes the latest state to pass a social media workplace law

And I’m speaking today on social media in the workplace at the 2014 EEOC Excel Conference

Everything’s coming up Milhouse.

More on the former (and a little about the latter) after the jump…

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newhampshire.gifNew Hampshire’s new law.

Starting on September 30, 2014, New Hampshire employers will be precluded from requesting or requiring that an employee or prospective employee disclose login information for accessing any personal online account or service.

You can view a copy of the new law here.

The new law does have several exceptions. Employers may request logins and passwords: (1) for an account or service provided by virtue of the employee’s employment relationship with the employer; (2) for an electronic communications device or online account paid for or supplied by the employer; (3) to conduct an investigation; and (4) to otherwise comply with the law.

Do these laws really matter?

As I’ll surely share with the audience tomorrow at the EEOC Excel Conference, at the risk of sounding like a broken record, laws like these carry little weight when the vast majority of employers aren’t violating them.

Indeed, my experience with clients, prospective clients, and audiences at HR conference indicates strongly that the lack of employer social screening has little to do with fear of violating the law. Rather, most employers aren’t checking up on current and prospective employees because, frankly, they either aren’t that concerned about online red flags or don’t have the time to search for them.

Frankly, if I were a recruiter or a manager checking on a candidate online, I’d focus more on finding the social media nuggets that elevate a prospective candidate above the others (e.g., strong writing, culture fit, etc.) rather than the red flags that may cost them a job.

I’m presenting today at 3:30 PDT. If you can’t catch my presentation live and in person, but want a copy of my presentation materials, please email me and I’ll forward them to you.