SB 638 California Senate · 2021-2022 Regular Session

Employment: personal social media of applicant or employee.

Summary
Existing law prohibits an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media. Existing law also prohibits an employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand by the employer that violates these provisions. Existing law defines the term "social media" for those purposes to mean an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website profiles or locations. This bill would revise that definition of "social media" to also mean an electronic platform and to include chat rooms and bulletin boards.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2021
Committee Review
Jun 2022
Senate Passage
May 2021
Assembly Passage
Governor
Introduced Feb 19, 2021 Last action Aug 31, 2022
Floor votes · Senate May 10, 2021

How they voted

370
Passed · 3 other
Total votes 40
May 10, 2021
D Democratic31
28 Yea 3
90% Yea
R Republican9
9 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
27
Key actions
9
Committee
9
Amendments
4
Jun 28, 2022
Lower · Passed
From committee: Do pass. (Ayes 8. Noes 0.) (June 28).
lower
Jun 22, 2022
Lower · Passed
From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 6. Noes 0.) (June 22). Re-referred to Com. on P. & C.P.
lower
Jun 16, 2022
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.
lower
Jun 16, 2022
Committee
Re-referred to Coms. on L. & E. and P. & C.P.
lower
Jun 17, 2021
Committee
Re-referred to Com. on RLS. pursuant to Assembly Rule 96.
lower
May 20, 2021
Committee
Referred to Coms. on B. & F. and P. & C.P.
lower
May 10, 2021
Upper · Passed
Read third time. Passed. (Ayes 37. Noes 0. Page 1061.) Ordered to the Assembly.
upper
May 4, 2021
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Apr 14, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 10. Noes 0. Page 776.) (April 13). Re-referred to Com. on APPR.
upper
Apr 8, 2021
Upper · Passed
Read second time and amended. Re-referred to Com. on JUD.
upper
Apr 7, 2021
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 9. Noes 0. Page 702.) (April 7).
upper
Mar 18, 2021
Committee
Re-referred to Coms. on B. & F.I. and JUD.
upper
Mar 10, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Mar 3, 2021
Committee
Referred to Com. on RLS.
upper
Feb 19, 2021
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Robert M. Hertzberg
Robert M. Hertzberg
DDemocratic
CA
18