Under the newly enacted California Labor Code §980, California employers are prohibited from asking job applicants and employees for their Facebook, MySpace, Twitter and other social media user names and passwords. Effective January 1, 2013, California Labor Code §980 prohibits California employers from requiring or requesting a job applicant, or employee, to: (1) disclose their user name and password to access personal social media accounts, (2) open their personal social media pages in the employer’s presence, or to (3) divulge any personal social media accounts. There are two exemptions set forth in the Code under which an employer may ask its employee for access to their social media pages. The first exemption applies is if the employer "reasonably believes" such information is relevant to an ongoing investigation of alleged employee misconduct, or relevant to a violation of applicable laws. The second exemption allows the employer access the employee's social media pages if the passwords or information are contained on an employer-issued electronic device (e.g. employer provided smart phone).

New California Labor Code §980 further prohibits an employer from retaliating (discharging, disciplining, threatening to discharge or discipline) against an employee, or job applicant, for not complying with a request or demand by the employer that violates these provisions.