Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 30, 2013
The Firm
201-896-4100 info@sh-law.comThe Governor characterized the law as over broad, and he offered recommended changes that would make the law less burdensome for employers.
As we previously discussed on this Business Law Blog, A-2878 would prohibit employers from requiring a prospective employee to provide their user name, password, or other information needed to access social networking sites like Twitter and Facebook. Under the proposed law, employers, who violate the law, would face civil penalties of $1,000 for the first offense and $2,500 for repeat violations.
While Governor Chris Christie acknowledged the privacy concerns of job candidates and employees, he stated that their rights must be balanced with an employer’s need to hire appropriate personnel, manage its operations and safeguard its business assets and proprietary information. His conditional veto message echoed the concerns raised by the business community that the bill “paints with too broad a brush.”
To more properly balance the needs of employers and applicants/employees, Governor Chris Christie made several suggested changes. Most notably, the Governor’s version would eliminate the private cause of action for employees. Rather, the law would be enforced solely through the Commissioner of Labor and Workforce Development, which would impose monetary fines for violations.
Governor Chris Christie’s version would still prohibit employers from requesting social media passwords from job applicants, but it would not ban asking about the existence of such accounts altogether. As noted in Governor Chris Christie’s veto message, an employer interviewing a candidate for a marketing job should be allowed to ask about the applicant’s use of social networking so as to gauge his or her technological skills and media savvy.
In another recommended change, employers would be able to inquire into an employee’s social media activities to investigate work-related misconduct, including the transfer of proprietary information to an employee’s personal account. Employers would also not be prohibited from accessing an employee’s or applicant’s social media pages to the extent that they are publicly available.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]
Author: Chris Seelinger

“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]
Author: Chris Seelinger

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]
Author: Sean M. Pena

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
Author: Nicholas Wall

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!