Social media has become a part of every day life, including business. Not only is it a means to keep in contact with friends and share bits of personal details, but it is also a way for companies to market, promote, and conduct business (Mello, 2012).

Social media is pervasive in our culture and it is difficult to find an employee that does not use it in one form or another. As such, figuring out the rules of this new frontier have proven to be complicated. Employers need to stay informed of privacy law regulations and employees should be aware of their rights and responsibilities. In the past year, Connecticut, Louisiana, Maryland, Montana, New Hampshire, Oklahoma, Rhode Island, Virginia, and Wisconsin have enacted social media privacy laws to navigate the current social media/privacy landscape. In Connecticut, for example, effective October 1, 2015, employers will now be prohibited from requiring employees to turn over account login, access social media accounts in the presence of the employer, or add the employer as a “friend” on these accounts. However, an employer can request or require the employee to turn over the login for any employer-provided account or any account used for business purposes. Employees can also be disciplined or discharged for transferring proprietary information via personal account (Social media & HR, 2014).

PROS:
Some employers look at potential employees’ social media accounts, searching for objectionable photos, posts, and tweets. The employer may choose not to hire the candidate based on their findings, preventing them from taking on a less-than-desirable employee (Rainey, 2012).
CONS:
When employers vet out potential employees and check up on current employees using social media, they open themselves up to civil liability because they are violating regulations regarding employee privacy (Rainey, 2012). This adds a level of responsibility and liability that is not there when social media is absent.

Effective January 1, 2013, a California law prohibits employers from requiring or requesting social media usernames, passwords, or access to personal social media of employees and applicants. Illinois and Maryland have similar laws. These types of laws protect both the employee and the employer. The employee gains privacy and the employer has a defense against potential allegations that the company is legally bound to monitor social media content or conduct, (Tochner, 2012). Other states may choose to follow suit in the future.

Mello, J. A. (2012). Social media, employee privacy and concerted activity: Brave new world or Big Brother? Labor Law Journal, 63(3), 165-173.
Rainey, M. (2012). Fired before you're hired? The impact of social media on the workforce. INSIGHT Into Diversity, 79(1/2), 18-21.
Sánchez Abril, P., Levin, A., & Del Riego, A. (2012). Blurred boundaries: Social media privacy and the twenty-first-century employee. American Business Law Journal, 49(1), 63-124.
Social media & HR: Know your state privacy law. (2014). HR Specialist: Employment Law, 44(9), 5.
Tochner, S. (2012). California restricts employer access to workers' social media. HR Magazine, 57(12), 18.