Social Media and the Workplace Law (Facebook Law)

 

Effective May 11, 2013, the Colorado Social Media and the Workplace Law (§ 8-2-127, C.R.S.) prevents employers from accessing employees’ and job applicants’ personal social media accounts.

According to the law (§ 8-2-127, C.R.S.), an employer may not:

  1. Suggest, request, or require that an employer or applicant disclose, or cause an employee  or applicant to disclose, any user name, password, or other means for accessing the employee's or applicant's personal account or service through the employee’s or applicant's personal electronic communications device.
  2. Compel an employee or applicant to add anyone, including the employer or his or her agent, to the employee’s or applicant’s list of contacts associated with a social media account.
  3. Require, request, suggest, or cause an employee or applicant to change privacy settings associated with a social networking account.

The law applies to private and public employers in Colorado. The law does not apply to:

  1.     The Department of Corrections;
  2.     County corrections departments;
  3.     Any state or local law enforcement agency.

Please click on and review the materials linked below; it is essential that you review all of this information prior to filing a complaint.

If you believe that the employer has violated the law, you may file a complaint by filling out the "Social Media Complaint" form. Please complete the form in its entirety.

Text of the Law
Fact Sheet
Frequently Asked Questions (FAQ)
Social Media Complaint Form 

 

Social Media Complaints 

The Division only accepts complaints in writing or electronically. The Social Media Complaint Form must be filed by individuals (or their representative) who have been directly affected by the employer’s prohibited social media practices. The individual needs to be the specific employee or applicant whose personal social media information was involved. The Division does not accept anonymous complaints, or complaints from individuals not directly affected by the employer’s practices.

Social Media Complaint Form 

 

Social Media and the Workplace Law Rules

Effective January 1, 2014, the Social Media and the Workplace Law Rules further implement the provisions of § 8-2-127 C.R.S. These rules apply to Colorado employers, employees, and applicants under § 8-2-127, C.R.S.

Social Media and the Workplace Law Rules

 

References

Colorado Social Media and the Workplace Law § 8-2-127, C.R.S.