New Hampshire Joins the Growing Number of States Limiting Employer Access to Employee Online Accounts
Effective September 30, 2014, New Hampshire joins sixteen other states (Arkansas, California, Colorado, Illinois, Louisiana, Maryland, Michigan, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin) in prohibiting employers from requiring employees or job applicants to disclose their login information for accessing any “personal account” or service through an electronic communication device. Similar to laws in the other states, the New Hampshire measure sets out a number of prohibitions on employers, as well as a number of activities not probihited under the law. Those provisions are discussed here. As we’ve noted previously, employers need to ensure that managers, supervisors, and others understand the limitations placed upon them when engaging with or investigating applicants and employees, and when using more intrusive monitoring techniques.