{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-28.7_5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-28.7_5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-28.7_5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-28.7_5.html"}],"law_id":79093,"edition_id":1,"section_id":79093,"structure_id":13640,"section_number":"40.1-28.7:5","catch_line":"Social media accounts of current and prospective employees","history":"2015, c. 576.","full_text":"A\n\nAs used in this section:\n\t\t\t“Employer” includes, in addition to the persons enumerated in the definition of employer in § 40.1-2, (i) any unit of state or local government and (ii) any agent, representative, or designee of a person or unit of government that constitutes an employer.\n\t\t\t“Social media account” means a personal account with an electronic medium or service where users may create, share, or view user-generated content, including, without limitation, videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations. “Social media account” does not include an account (i) opened by an employee at the request of an employer; (ii) provided to an employee by an employer such as the employer’s email account or other software program owned or operated exclusively by an employer; (iii) set up by an employee on behalf of an employer; or (iv) set up by an employee to impersonate an employer through the use of the employer’s name, logos, or trademarks.B\n\nAn employer shall not require a current or prospective employee to:1\n\nDisclose the username and password to the current or prospective employee’s social media account; or2\n\nAdd an employee, supervisor, or administrator to the list of contacts associated with the current or prospective employee’s social media account.C\n\nIf an employer inadvertently receives an employee’s username and password to, or other login information associated with, the employee’s social media account through the use of an electronic device provided to the employee by the employer or a program that monitors an employer’s network, the employer shall not be liable for having the information but shall not use the information to gain access to an employee’s social media account.D\n\nAn employer shall not:1\n\nTake action against or threaten to discharge, discipline, or otherwise penalize a current employee for exercising his rights under this section; or2\n\nFail or refuse to hire a prospective employee for exercising his rights under this section.E\n\nThis section does not prohibit an employer from viewing information about a current or prospective employee that is publicly available.F\n\nNothing in this section:1\n\nPrevents an employer from complying with the requirements of federal, state, or local laws, rules, or regulations or the rules or regulations of self-regulatory organizations; or2\n\nAffects an employer’s existing rights or obligations to request an employee to disclose his username and password for the purpose of accessing a social media account if the employee’s social media account activity is reasonably believed to be relevant to a formal investigation or related proceeding by the employer of allegations of an employee’s violation of federal, state, or local laws or regulations or of the employer’s written policies. If an employer exercises its rights under this subdivision, the employee’s username and password shall only be used for the purpose of the formal investigation or a related proceeding.","order_by":null,"text":{"0":{"id":283316,"text":"As used in this section:\n\t\t\t“Employer” includes, in addition to the persons enumerated in the definition of employer in § 40.1-2, (i) any unit of state or local government and (ii) any agent, representative, or designee of a person or unit of government that constitutes an employer.\n\t\t\t“Social media account” means a personal account with an electronic medium or service where users may create, share, or view user-generated content, including, without limitation, videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations. “Social media account” does not include an account (i) opened by an employee at the request of an employer; (ii) provided to an employee by an employer such as the employer’s email account or other software program owned or operated exclusively by an employer; (iii) set up by an employee on behalf of an employer; or (iv) set up by an employee to impersonate an employer through the use of the employer’s name, logos, or trademarks.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283317,"text":"An employer shall not require a current or prospective employee to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":283318,"text":"Disclose the username and password to the current or prospective employee’s social media account; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":283319,"text":"Add an employee, supervisor, or administrator to the list of contacts associated with the current or prospective employee’s social media account.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":283320,"text":"If an employer inadvertently receives an employee’s username and password to, or other login information associated with, the employee’s social media account through the use of an electronic device provided to the employee by the employer or a program that monitors an employer’s network, the employer shall not be liable for having the information but shall not use the information to gain access to an employee’s social media account.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":283321,"text":"An employer shall not:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"6":{"id":283322,"text":"Take action against or threaten to discharge, discipline, or otherwise penalize a current employee for exercising his rights under this section; or","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"7":{"id":283323,"text":"Fail or refuse to hire a prospective employee for exercising his rights under this section.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"8":{"id":283324,"text":"This section does not prohibit an employer from viewing information about a current or prospective employee that is publicly available.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"F"},"9":{"id":283325,"text":"Nothing in this section:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"10":{"id":283326,"text":"Prevents an employer from complying with the requirements of federal, state, or local laws, rules, or regulations or the rules or regulations of self-regulatory organizations; or","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"11":{"id":283327,"text":"Affects an employer’s existing rights or obligations to request an employee to disclose his username and password for the purpose of accessing a social media account if the employee’s social media account activity is reasonably believed to be relevant to a formal investigation or related proceeding by the employer of allegations of an employee’s violation of federal, state, or local laws or regulations or of the employer’s written policies. If an employer exercises its rights under this subdivision, the employee’s username and password shall only be used for the purpose of the formal investigation or a related proceeding.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1"}},"ancestry":[{"id":13640,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":219807,"object_type":"structure","relational_id":13640,"identifier":"1","token":"40.1\/3\/1","url":"\/40.1\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77584,"structure_id":13640,"section_number":"40.1-22","catch_line":"Safety and Health Codes Commission continued as Safety and Health Codes Board","url":"\/40.1-22\/","token":"40.1\/3\/1\/40.1-22","metadata":false},{"id":67414,"structure_id":13640,"section_number":"40.1-22.1","catch_line":"Governor authorized to enter certain agreements","url":"\/40.1-22.1\/","token":"40.1\/3\/1\/40.1-22.1","metadata":false},{"id":64288,"structure_id":13640,"section_number":"40.1-23","catch_line":"Repealed","url":"\/40.1-23\/","token":"40.1\/3\/1\/40.1-23","metadata":false},{"id":66063,"structure_id":13640,"section_number":"40.1-26","catch_line":"Repealed","url":"\/40.1-26\/","token":"40.1\/3\/1\/40.1-26","metadata":false},{"id":56917,"structure_id":13640,"section_number":"40.1-27","catch_line":"Preventing employment by others of former employee","url":"\/40.1-27\/","token":"40.1\/3\/1\/40.1-27","metadata":false},{"id":54740,"structure_id":13640,"section_number":"40.1-27.1","catch_line":"Discharge of employee for absence due to work-related injury prohibited","url":"\/40.1-27.1\/","token":"40.1\/3\/1\/40.1-27.1","metadata":false},{"id":74658,"structure_id":13640,"section_number":"40.1-27.2","catch_line":"Preference for veterans and spouses","url":"\/40.1-27.2\/","token":"40.1\/3\/1\/40.1-27.2","metadata":false},{"id":82455,"structure_id":13640,"section_number":"40.1-27.3","catch_line":"Retaliatory action against employee prohibited","url":"\/40.1-27.3\/","token":"40.1\/3\/1\/40.1-27.3","metadata":false},{"id":78662,"structure_id":13640,"section_number":"40.1-27.4","catch_line":"Discipline for employee's medicinal use of cannabis oil prohibited","url":"\/40.1-27.4\/","token":"40.1\/3\/1\/40.1-27.4","metadata":false},{"id":70077,"structure_id":13640,"section_number":"40.1-28","catch_line":"Unlawful to require payment for medical examination as condition of employment","url":"\/40.1-28\/","token":"40.1\/3\/1\/40.1-28","metadata":false},{"id":68891,"structure_id":13640,"section_number":"40.1-28.01","catch_line":"Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment","url":"\/40.1-28.01\/","token":"40.1\/3\/1\/40.1-28.01","metadata":false},{"id":60284,"structure_id":13640,"section_number":"40.1-28.1","catch_line":"Repealed","url":"\/40.1-28.1\/","token":"40.1\/3\/1\/40.1-28.1","metadata":false},{"id":63131,"structure_id":13640,"section_number":"40.1-28.5","catch_line":"Repealed","url":"\/40.1-28.5\/","token":"40.1\/3\/1\/40.1-28.5","metadata":false},{"id":79328,"structure_id":13640,"section_number":"40.1-28.6","catch_line":"Equal pay irrespective of sex","url":"\/40.1-28.6\/","token":"40.1\/3\/1\/40.1-28.6","metadata":false},{"id":68884,"structure_id":13640,"section_number":"40.1-28.7","catch_line":"Repealed","url":"\/40.1-28.7\/","token":"40.1\/3\/1\/40.1-28.7","metadata":false},{"id":64716,"structure_id":13640,"section_number":"40.1-28.7:1","catch_line":"Genetic testing or genetic characteristics as a condition of employment","url":"\/40.1-28.7_1\/","token":"40.1\/3\/1\/40.1-28.7_1","metadata":false},{"id":74612,"structure_id":13640,"section_number":"40.1-28.7:10","catch_line":"Prohibited use of employee's social security number; civil penalty","url":"\/40.1-28.7_10\/","token":"40.1\/3\/1\/40.1-28.7_10","metadata":false},{"id":63600,"structure_id":13640,"section_number":"40.1-28.7:11","catch_line":"Veterans benefits and services poster","url":"\/40.1-28.7_11\/","token":"40.1\/3\/1\/40.1-28.7_11","metadata":false},{"id":81572,"structure_id":13640,"section_number":"40.1-28.7:2","catch_line":"Employers to allow crime victims leave to attend criminal proceedings","url":"\/40.1-28.7_2\/","token":"40.1\/3\/1\/40.1-28.7_2","metadata":false},{"id":55131,"structure_id":13640,"section_number":"40.1-28.7:3","catch_line":"Earned income tax credit; employer notice to employee","url":"\/40.1-28.7_3\/","token":"40.1\/3\/1\/40.1-28.7_3","metadata":false},{"id":54612,"structure_id":13640,"section_number":"40.1-28.7:4","catch_line":"Release of employee's personal identifying information","url":"\/40.1-28.7_4\/","token":"40.1\/3\/1\/40.1-28.7_4","metadata":false},{"id":79093,"structure_id":13640,"section_number":"40.1-28.7:5","catch_line":"Social media accounts of current and prospective employees","url":"\/40.1-28.7_5\/","token":"40.1\/3\/1\/40.1-28.7_5","metadata":false},{"id":80547,"structure_id":13640,"section_number":"40.1-28.7:6","catch_line":"Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy","url":"\/40.1-28.7_6\/","token":"40.1\/3\/1\/40.1-28.7_6","metadata":false},{"id":81771,"structure_id":13640,"section_number":"40.1-28.7:7","catch_line":"Misclassification of workers","url":"\/40.1-28.7_7\/","token":"40.1\/3\/1\/40.1-28.7_7","metadata":false},{"id":64853,"structure_id":13640,"section_number":"40.1-28.7:8","catch_line":"Covenants not to compete prohibited; exceptions; civil penalty","url":"\/40.1-28.7_8\/","token":"40.1\/3\/1\/40.1-28.7_8","metadata":false},{"id":58507,"structure_id":13640,"section_number":"40.1-28.7:9","catch_line":"Limiting employees' sharing wage information with other persons prohibited; civil penalty","url":"\/40.1-28.7_9\/","token":"40.1\/3\/1\/40.1-28.7_9","metadata":false}],"previous_section":{"id":54612,"structure_id":13640,"section_number":"40.1-28.7:4","catch_line":"Release of employee's personal identifying information","url":"\/40.1-28.7_4\/","token":"40.1\/3\/1\/40.1-28.7_4","metadata":false},"next_section":{"id":80547,"structure_id":13640,"section_number":"40.1-28.7:6","catch_line":"Employers to allow leave for volunteer members of Civil Air Patrol; 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This law was first created in 2015. The record of its establishment is cataloged in chapter 576<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":55221,"section_number":"40.1-2","catch_line":"Definitions","order_by":null,"url":"\/40.1-2\/"}],"permalink":{"id":219893,"object_type":"law","relational_id":79093,"identifier":"40.1-28.7:5","token":"40.1\/3\/1\/40.1-28.7_5","url":"\/40.1-28.7_5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-28.7_5\/","token":"40.1\/3\/1\/40.1-28.7_5","dublin_core":{"Title":"Social media accounts of current and prospective employees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-28.7:5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Employer<\/span>” includes, in addition to the persons enumerated in the definition of employer<\/span> in § 40.1-2<\/a>, (i) any unit of state or local government and (ii) any agent, representative, or designee of a person or unit of government that constitutes an employer<\/span>.\n\t\t\t“Social media account<\/span>” means a personal account with an electronic medium or service where users may create, share, or view user-generated content<\/span>, including, without limitation, videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations. “Social media account<\/span>” does not include an account (i) opened by an employee<\/span> at the request of an employer<\/span>; (ii) provided to an employee<\/span> by an employer<\/span> such as the employer<\/span>’s email account or other software program owned or operated exclusively by an employer<\/span>; (iii) set up by an employee<\/span> on behalf of an employer<\/span>; or (iv) set up by an employee<\/span> to impersonate an employer<\/span> through the use of the employer<\/span>’s name, logos, or trademarks. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An employer<\/span> shall not require a current or prospective employee<\/span> to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Disclose the username and password to the current or prospective employee<\/span>’s social media account<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Add an employee<\/span>, supervisor, or administrator to the list of contacts associated with the current or prospective employee<\/span>’s social media account<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If an employer<\/span> inadvertently receives an employee<\/span>’s username and password to, or other login information associated with, the employee<\/span>’s social media account<\/span> through the use of an electronic device provided to the employee<\/span> by the employer<\/span> or a program that monitors an employer<\/span>’s network, the employer<\/span> shall not be liable for having the information but shall not use the information to gain access to an employee<\/span>’s social media account<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An employer<\/span> shall not: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Take action against or threaten to discharge, discipline, or otherwise penalize a current employee<\/span> for exercising his rights under this section; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Fail or refuse to hire a prospective employee<\/span> for exercising his rights under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section does not prohibit an employer<\/span> from viewing information about a current or prospective employee<\/span> that is publicly available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Prevents an employer<\/span> from complying with the requirements of federal, state, or local laws<\/span>, rules, or regulations or the rules or regulations of self-regulatory organizations; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Affects an employer<\/span>’s existing rights or obligations to request an employee<\/span> to disclose his username and password for the purpose of accessing a social media account<\/span> if the employee<\/span>’s social media account<\/span> activity is reasonably believed to be relevant to a formal investigation or related proceeding by the employer<\/span> of allegations<\/span> of an employee<\/span>’s violation of federal, state, or local laws<\/span> or regulations or of the employer<\/span>’s written policies. If an employer<\/span> exercises its rights under this subdivision, the employee<\/span>’s username and password shall only be used for the purpose of the formal investigation or a related proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSOCIAL MEDIA ACCOUNTS OF CURRENT AND PROSPECTIVE EMPLOYEES (\u00a7 40.1-28.7:5)\n\nA. As used in this section:\n\t\t\t“Employer” includes, in addition to the persons enumerated in the\ndefinition of employer in § 40.1-2, (i) any unit of state or local\ngovernment and (ii) any agent, representative, or designee of a person or unit\nof government that constitutes an employer.\n\t\t\t“Social media account” means a personal account with an\nelectronic medium or service where users may create, share, or view\nuser-generated content, including, without limitation, videos, photographs,\nblogs, podcasts, messages, emails, or website profiles or locations.\n“Social media account” does not include an account (i) opened by an\nemployee at the request of an employer; (ii) provided to an employee by an\nemployer such as the employer’s email account or other software program\nowned or operated exclusively by an employer; (iii) set up by an employee on\nbehalf of an employer; or (iv) set up by an employee to impersonate an employer\nthrough the use of the employer’s name, logos, or trademarks.\n\nB. An employer shall not require a current or prospective employee to:\n\n 1. Disclose the username and password to the current or prospective\n employee’s social media account; or\n\n 2. Add an employee, supervisor, or administrator to the list of contacts\n associated with the current or prospective employee’s social media\n account.\n\nC. If an employer inadvertently receives an employee’s username and\npassword to, or other login information associated with, the employee’s\nsocial media account through the use of an electronic device provided to the\nemployee by the employer or a program that monitors an employer’s network,\nthe employer shall not be liable for having the information but shall not use\nthe information to gain access to an employee’s social media account.\n\nD. An employer shall not:\n\n 1. Take action against or threaten to discharge, discipline, or otherwise\n penalize a current employee for exercising his rights under this section; or\n\n 2. Fail or refuse to hire a prospective employee for exercising his rights\n under this section.\n\nE. This section does not prohibit an employer from viewing information about a\ncurrent or prospective employee that is publicly available.\n\nF. Nothing in this section:\n\n 1. Prevents an employer from complying with the requirements of federal,\n state, or local laws, rules, or regulations or the rules or regulations of\n self-regulatory organizations; or\n\n 2. Affects an employer’s existing rights or obligations to request an\n employee to disclose his username and password for the purpose of accessing a\n social media account if the employee’s social media account activity is\n reasonably believed to be relevant to a formal investigation or related\n proceeding by the employer of allegations of an employee’s violation of\n federal, state, or local laws or regulations or of the employer’s\n written policies. If an employer exercises its rights under this subdivision,\n the employee’s username and password shall only be used for the purpose\n of the formal investigation or a related proceeding.\n\nHISTORY: 2015, c. 576.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}