Signed by Governor Greg Gianforte

Vote Smart's Synopsis:

Vote to concur with senate passage and pass a bill that prohibits employers from retaliating against employees or applicants for legal expression of free speech in personal social media posts.

Highlights:

• Prohibits an employer from asking for the following things in regards to social media access of an employee (Sec. 1): 

• Username and password;

• Full access to a social media profile by and employer or their agent; 

• Any information contained within social media accounts. 

• Specifies that an employer may ask for social media information if it is relevant to employee misconduct, federal law, proprietary information, trade secrets, financial data, or other relevant information (Sec. 1). 

• Specifies that nothing in this act shall inhibit a workplace from creating and lawful workplace policies (Sec. 1). 

• Specifies that nothing in this act inhibits an employee from seeking injunctive relief against an employer (Sec. 1). 

• Specifies that nothing in this act inhibits prosecution against individuals breaking federal law (Sec. 1). 

• Specifies that an employer may not employer may not discharge, discipline, threaten to discharge or discipline, or otherwise retaliate against an employee or job applicant for the following acts (Sec.1):

• Legal expressions of free speech; 

• Not complying with requests.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits employers from retaliating against employees or applicants for legal expression of free speech in personal social media posts.

Highlights:

• Prohibits an employer from asking for the following things in regards to social media access of an employee (Sec. 1): 

• Username and password;

• Full access to a social media profile by and employer or their agent; 

• Any information contained within social media accounts. 

• Specifies that an employer may ask for social media information if it is relevant to employee misconduct, federal law, proprietary information, trade secrets, financial data, or other relevant information (Sec. 1). 

• Specifies that nothing in this act shall inhibit a workplace from creating and lawful workplace policies (Sec. 1). 

• Specifies that nothing in this act inhibits an employee from seeking injunctive relief against an employer (Sec. 1). 

• Specifies that nothing in this act inhibits prosecution against individuals breaking federal law (Sec. 1). 

• Specifies that an employer may not employer may not discharge, discipline, threaten to discharge or discipline, or otherwise retaliate against an employee or job applicant for the following acts (Sec.1):

• Legal expressions of free speech; 

• Not complying with requests.

Full Bill Text