Exceptions to the new law
However there are some exceptions. The employer still retains the right to monitor internet usage on devices that are paid for by the company or provided to the employee for work purposes. Employers also retain the right to monitor employee usage on social accounts that are business-related or were set up in order to promote the business. And these exceptions are quite understandable.
Those who violate this new bill face up to a $1,000 fine, and it’s classified as a misdemeanor. Employers who are found in violation can also have civil action brought against them if the employee has the right documentation and proof of the offense. At that point, the employer would also be liable for lawyer fees, plus no more than an additional $1,000.
The online social climate is changing, and social media privacy laws are finally trying to keep up. It’s a small step in the right direction, but it’s a step that will lead to bigger steps in the future.
The American Genius Staff Writer: Charlene Jimenez earned her Master's Degree in Arts and Culture with a Creative Writing concentration from the University of Denver after earning her Bachelor's Degree in English from Brigham Young University in Idaho. Jimenez's column is dedicated to business and technology tips, trends and best practices for entrepreneurs and small business professionals.
JoeLoomer
January 6, 2013 at 10:29 am
Not much of a penalty for an offending company – “plus no more than an additional $1,000”
Navy Chief, Navy Pride