In California it is illegal for an employer to require or request an employee or applicant to provide their social media accounts usernames and passwords. Employers also cannot ask employees to access their social media in the presence of the employer or make known their social media. Employers may request that an employee divulge personal social media if the employer reasonably believes that the employee's social media will possess information relevant to an investigation of an allegation of employee misconduct or violation of the law. If an employer can establish that exception for an investigation, then the employer may only use that social media for the investigation.
However, employees need to be aware that employers may request usernames, passwords, or any other method to access an employer-issued electronic device. Finally, it is illegal for an employer to retaliate against an employee or applicant for refusing an employer’s demands about social media if the employer’s underlying demand is an unlawful request.