New Laws Banning Employers From Asking For Facebook Information

January 3, 2013 – In The News
KYW 1060 News Radio

In New Jersey and Delaware, only institutions of higher learning are prohibited by law to ask for Facebook information from interested applicants. Employers are not yet barred from requesting this information.

Steven Ludwig, partner in the Labor and Employment group at Fox Rothschild LLP, says people need to act prudently whether these laws are yet in effect or not.

“Just because an employer or a college may be prohibited doesn’t mean that a college or employer can’t go online and look,” Ludwig says. “And it doesn’t prohibit a friend from downloading the information and forwarding it.”

Also, anything on a Facebook or Twitter page can be admissible in the court of law, if subpoenaed.

“You’ve got to act on the assumption that the information can be seen at some point,” he says.