Rhode Island recently became the fifth state in 2014 and the 17th state nationwide to enact legislation restricting access by employers to applicants’ and employees’ personal online content.1 The Rhode Island law follows similar laws enacted this year by Wisconsin, Tennessee,2 Oklahoma, and Louisiana,3 continuing a nationwide trend that began in spring 2012. Rhode Island’s new law embodies many of the prohibitions seen in similar laws. However, in comparison to similar laws, the new law provides relatively narrow exceptions that allow employers to protect their legitimate business interest. In addition, the new law grants aggrieved individuals the right to file civil suits to recover damages, injunctive relief, and even reasonable attorneys’ fees and costs. Accordingly, Rhode Island employers should pay careful attention to the new law’s specific nuances to ensure compliance.
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