I previously blogged on the new Tennessee Employee Online Privacy Act of 2014. The full blog post on this new statute can be found here. This new statute basically prevents an employer from taking any adverse employment action against an employee for failure to provide access to a “personal internet account” (which basically includes any type of internet account including Facebook or other similar services). This statute goes into effect today, January 1, 2015.
Employers need to keep this new statute in mind as they venture more and more into the online existence of their employees (or potential employees). Tennessee has attempted, with this new statute, to protect employees by preventing mandatory access by an employer to an employee’s online information. Employers can no longer demand access in certain situations covered by the statute. Employers need to make sure they review and implement policies that comply with this new statute.
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Jason A. Lee is a Member of Burrow Lee, PLLC. He practices in all areas of defense litigation inside and outside of Tennessee.