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New VA Law Improves Employee Social Media Privacy

Employees should always be careful about what social media content they make available online. 

Taking effect on July 1, 2015, newly enacted Virginia § 40.1-28.7:5 protects an employee from an employer who requests, either as a condition of hiring or continued employment, that the employee disclose a personal username and password for a private social media account. This serves to prevent employers from accessing private content, but, significantly, it does not prevent an employer from making decisions based on publicly available content. The law also does not apply to an employee's business accounts; only to personal, password-protected social media accounts and content.

The new law does not afford employees significantly greater substantive protections than under the prior state of the law, but is nonetheless a step in the right direction towards recognizing that employees have a privacy right in social media content and that they should not have to relinquish that right as a condition of their employment.

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I have been a litigator for close to 20 years and Alan is most certainly one of the best attorneys I have ever come across.
Mr. Lescht is an excellent Trial Lawyer, He is calm, cool, and collected.
I also appreciated Alan's frankness and his ability to identify what is important and what is not when going through a case like this.
I would highly recommend Alan to anyone who needs an exceptional and incredibly talented Employment Attorney.
Mr. Lescht is an extraordinarily responsive attorney, returning my emails and phone calls within minutes. I would absolutely recommend him to anyone who thinks they may need a lawyer. Definitely incredible work.
I was impressed with his knowledge and professionalism, and I will always be grateful for his guidance.

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