The governor recently signed a bill that prohibits employers from requesting or requiring an employee’s personal username, login information, passwords, or social media accounts as a condition of hiring, a condition of employment, or for use in a disciplinary action. This legislation mirrors enactments in many other jurisdictions.

The new law prohibits employers from requesting, requiring, or coercing employees and job applicants to:

  • Disclose their username, password, or other log-in information used to access their personal account through an electronic communications device.
  • Access their personal account in the employer’s presence.
  • Reproduce photos, videos, or other information contained in their personal account through means prohibited under the law.

A carve-out exists for employers to request or require employees to disclose log-in information for accounts that were provided by the employer and that are used for business purposes, so long as the employee was provided notice of the employer’s right to request such information. There is an exemption for employers that request or require an employee to disclose log-in information for an account known to the employer to be used for business purposes.

The new law permits employers to access an electronic communications device paid for, in whole or in part, by the employer and when payment for the device was conditioned on the employer retaining the right to access the device, and the employee was given prior notice to such conditions. However, this exception does not permit an employer to access an employee’s personal accounts on that device. (SHRM)

This law will take effect on March 12, 2024.

New York State Social Media Bill

10 Tips for Social Media Recruiting and Applicant Screening

Social media use for recruiting and applicant screening continues to grow in popularity. “Sixty percent of employers use social networking sites to research job candidates, up from 52 percent last year and 11 percent in 2006.”[i]  Organizations need to be aware of the risk and reward for utilizing social media during the recruiting and applicant screening process.  “When surveyed in 2013 about why they decided not to use social networking sites for candidate screening, 74 percent of organizations said they were concerned with legal risks or discovering information about protected characteristics when perusing candidates’ social media profiles…. For example, from a candidate’s picture, an employer may learn his or her likely race, approximate age and more. People also commonly post personal information such as medical or family problems.”[ii]  social media can be a great resource for additional recruiting efforts and applicant screening processes. “Forty-nine percent of hiring managers who screen candidates via social networks said they’ve found information that caused them not to hire a candidate – on par with last year 48 percent. The following are the top pieces of content that turned off these employers:

  • Provocative or inappropriate photographs, videos or information – 46 percent
  • Information about candidate drinking or using drugs – 43 percent
  • Discriminatory comments related to race, religion, gender, etc. – 33 percent
  • Candidate bad-mouthed previous company or fellow employee – 31 percent”[iii]

SHRM recommends the following seven tips for recruiters on social media:

  1. “Use social media to project your company’s values and mission, highlight your best employees, and showcase organization-led volunteer opportunities that support the local community.
  2. Be aware of what’s being said about your organization on social media and respond when necessary.
  3. Partner with universities, colleges, and friends and families of workers to help get the word out about your company.
  4. Tie social media messaging to your organization’s values, particularly if they are identified on your website. If diversity is prized, reflect that in the staff images on your social network pages.
  5. Work with your public relations and marketing departments to create an appealing narrative around your organization.
  6. Encourage workers to share creative photos that align with the company’s values and mission.
  7. Be authentic. Don’t rely exclusively on the HR and PR departments to take and post photos.”[iv]

My three recommendations on applicant screenings through social media:

  1. Know the law.  Laws vary, at the state and federal level.  These laws will continue to evolve through case law and newly created social media platforms.  Know what you can and cannot do when asking for and reviewing applicant’s social media profiles.
  2. Consistently, inconsistent.  If your organization does review social media profiles for applicants, ensure that all applicant profiles are reviewed.  Do not review one person and not another.  This could be viewed as potential discrimination.  Implement a policy for reviewing social media profiles on every applicant.
  3. Fake profiles are inaccurate and full of false information.  Social media is filled with thousands of fake profiles.  If you do review applicant’s social media presence, ensure it is the correct profile with accurate information, good or bad.

With the explosion of social networking and changing dynamics of the workforce, obtaining additional information (the added puzzle-piece) on applicants is here to stay.  “Today, Millennials account for 36 percent of the U.S. workforce, according to the Bureau of Labor Statistics, and they will account for 75 percent of the global workforce by 2025. Given that this group of employees have grown up actively communicating via myriad social media sites and devices, the use of social media is a workplace trend with staying power for the foreseeable future.”[v]   

[i] Harris Poll. “Number of Employers Using Social Media to Screen Candidates has Increased 500 Percent over the Last Decade.” Online Survey. CareerBuilder. CareedBuilder.com, February 10 and March 17, 2016. Accessed online. April 9, 2017. http://www.careerbuilder.com/share/aboutus/pressreleasesdetail.aspx?ed=12%2F31%2F2016&id=pr945&sd=4%2F28%2F2016

[ii] Segal, J. (2014). Social Media Use in Hiring: Assessing the Risks. Retrieved from

https://www.shrm.org/hr-today/news/hr-magazine/pages/0914-social-media-hiring.aspx

[iii]Harris Poll. “Number of Employers Using Social Media to Screen Candidates has Increased 500 Percent over the Last Decade.”  Online Survey. CareerBuilder. CareedBuilder.com, February 10 and March 17, 2016. Accessed online. April 9, 2017. http://www.careerbuilder.com/share/aboutus/pressreleasesdetail.aspx?ed=12%2F31%2F2016&id=pr945&sd=4%2F28%2F2016

[iv] https://www.shrm.org/hr-today/news/hr-magazine/0417/pages/7-social-media-tips-for-recruiters.aspx

[v] Segal, J. (2014). Social Media Use in Hiring: Assessing the Risks. Retrieved from

https://www.shrm.org/hr-today/news/hr-magazine/pages/0914-social-media-hiring.aspx

Published by Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered MCIPD ABOUT: Matthew Burr has over 17-years of experience working in the human resources field, starting his career as an Industrial Relations Intern at Kennedy Valve Manufacturing to most recently founding and managing a human resource consulting company; Burr Consulting, LLC, Talentscape, LLC and Co-Owner of Labor Love, a Labor, and Employment Law poster printing company. Prior to founding the consulting firm, the majority of his career was heavy industry manufacturing and healthcare. He specializes in compliance auditing, training labor and employment law, conflict resolution, performance management, labor, and employment relations. Matthew has a generalist background in HR and operations, while providing strategic HR and operational solutions to his clients, focusing on small and medium sized organizations. He works as an Adjunct at Alfred State University, Tompkins Cortland Community College, and Montgomery Community College. He successfully designed an HR Concentration in the business management major that aligned with both SHRM and HRCI certifications, providing opportunities for students to sit for both the SHRM-CP and aPHR certifications upon completion of the degree, concentration, and internship hours as an Assistant Professor of Management at Elmira College (Retired January 2022). Matthew is also the SHRM Certification Exam Instructor, with a current pass rate of 92% on the SHRM-SCP and 83% pass rate on the SHRM-CP and a combined 88% on both exams over a 7-year period of instructing the course (Elmira College, Collin College & The College of St. Rose). Matthew works as a trainer Tompkins Cortland Community College, Corning Community College, Broome Community College, and HR Instructor for Certification Preparation for the Human Resource Certification Institute (HRCI). He also acts as an On-Call Mediator and Factfinder through the Public Employment Relations Board in New York State, working with public sector employers and labor unions. PUBLICATIONS: Matthew has publications at the American Bar Association (ABA) Experience Magazine, Cornell HR Review, Business Insider, New York State Bar Association (NYSBA), PayScale, Society of Human Resource Management (SHRM), and Expert 360 (in Australia). In early 2017, he published his first book, “$74,000 in 24 Months: How I killed my student loans (and you can too!),” proceeded by his second book, which was published in January 2021, “Slay the Student Loan Dragon: Tips and Tricks on How to Conquer the Student Loan Game” and his most recent book, “Unbox Your HR Career” in July 2023. VOLUNTEER WORK: Matthew is currently the New York State Society of Human Resource Management (NYSSHRM) District-Director. EDUCATION & TRAINING: Additional Training & Development:  SHRM Workplace Coaching and Mentoring Recertification Program, 2020  SHRM Foundation Employing Abilities @Work Certificate, 2020  SHRM Foundation Veterans at Work Certificate Program, 2018  Delta County Chamber of Commerce: Delta Force Leadership Program, 2013 FEATURED IN & ON: Matthew was featured on CNN Money, Fast Company, Fits Small Business, Fox News, Magnify Money, Monster.com, My Twin Tiers, Namely, Student Loan Hero, Smart Sheet and CEO Blog Nation, Human Resource Certification Institute (HRCI), Society of Human Resource Management (SHRM).

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