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New Laws for 2014: Password Protection Laws (Louisiana & Oklahoma)

Each state has a host of new employment and labor related laws that take effect in 2014.  This series focuses on several new laws from around the country that are of particular interest.  In this instance, there are two related "password protection laws" that have just been passed by Louisiana and Oklahoma.  To make it easier to follow, I have combined this update.


HB 340 (Louisiana) limits employers' access to private online account information of its employees and job applicants.  As a result, the bill signed by Governor Bobbie Jindal, makes usernames, passwords, or other authentication information that allows access to employee's or applicant's online accounts off-limits to employers.  Under this new law, the employer cannot request or require that an employee or applicant supply this type of information and consequently cannot fire, discipline, fail to hire or penalize an employee or applicant who does not give in to the employer's request.  

As with other states, there are certain "carve outs" with this new law, such as allowing an employer access to devices it pays for (such as smart phones, tablets, etc.).  


HB 2372 (Oklahoma) is similar to the bill passed in Louisiana and also prohibits employers from requesting or requiring access to social media accounts of employee.  The bill, signed into law by Governor Mary Fallin, also prohibits employers from taking retaliatory action for an employee's failure to provide access to social media accounts.  


With these laws, Louisiana & Oklahoma join a host of other states that have provided employees and applicants protections and prohibit employers from asking for usernames, passwords, and other authentication information.  It is important for employers in Louisiana & Oklahoma need to be aware of these new laws and the limits that are now imposed upon them, primarily the prohibition against employers threatening employees or applicants to turn over this information. 


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