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Nebraska Employment Law Update-Workplace Privacy Act (L.B. 821)

On April 19, 2016, Nebraska Governor Pete Ricketts signed the Workplace Privacy Act (L.B. 821).

The act prohibits an employer from:

  • Requiring or requesting that an employee or applicant provide or disclose any user name or password or any other related account information in order to gain access to the employee’s or applicant’s personal Internet account by way of an electronic communication device
  • Requiring or requesting that an employee or applicant log into a personal Internet account by way of an electronic communication device in the presence of the employer in a manner that enables the employer to observe the contents of the employee’s or applicant’s personal Internet account or provides the employer access to the employee’s or applicant’s personal Internet account
  • Requiring an employee or applicant to add anyone, including the employer, to the list of contacts associated with the employee’s or applicant’s personal Internet account or require or otherwise coerce an employee or applicant to change the settings on the employee’s or applicant’s personal Internet account which affects the ability of others to view the content of such account
  • Taking adverse action against, failing to hire, or otherwise penalizing an employee or applicant for failure to provide or disclose any of the information or to take any of the actions specified in items (1) – (3) above.

Applicants or employees aggrieved by a violation of the law may file a civil action against the employer.

The act goes into effect on July 19, 2016.