News and Articles

Legal Update - March 2018 Newsletter

Yogi Patel - Thursday, March 01, 2018

Dear valued clients and supporters: This month's newsletter will cover 1) Updates to the New York Earned Sick Time Act and 2) A recent Court of Appeals decision on Facebook privacy in the context of litigation.

New York Earned Sick Time Act

Effective May 5, 2018, employees will be entitled to use their paid time off already guaranteed under the current New York Earned Sick Time Act ("NYESTA") when they or a family member is the victim of a family offense, sexual offense, stalking, or human trafficking. The amendments to the NYESTA does not award additional time off - it only expands the reasons for which it can be used. These new entitlements, called "Safe time," include taking time off to obtain services from a domestic violence shelter, rape crisis center, or other shelter service; to participate in safety planning, relocation, or other actions required to ensure the safety of the victim; to meet with an attorney in connection with a family offense, sexual offense, stalking, or human trafficking; to file a complaint with law enforcement; to enroll children in a new school; or to take other actions that may be necessary to address the physical, psychological, or economic health or safety of the employee or family member. Additionally, the definition of "Family Member" will also be expanded to include any individual related by blood and any individual whose close association with the employee is the equivalent of a family relationship. Finally, the short name of the law will be updated to the "Earned Safe and Sick Time Act." Overall, these changes affect nearly all employees in New York City and employers will need to incorporate them into their current policies and procedures.


Facebook Privacy and Litigation

The New York Court of Appeals recently addressed the issue of how much of an individual's Facebook page must be shared with the opposing party in a lawsuit. In Forman v. Henkin, the plaintiff brought a personal injury suit when she suffered serious injuries after falling off a horse owned by the defendant. The plaintiff claimed that her injuries greatly impacted her daily life, which she used to document regularly on her Facebook page, but not longer could because of her injuries. During discovery, the defendant demanded access to the plaintiff's Facebook account, alleging that it would contain pictures and other information relevant to the plaintiff's claims. The plaintiff argued that her account was private and should not be discoverable. New York's highest court in this decision held that courts should require the disclosure of information that is likely to be found on a particular Facebook page that is material and relevant to the claims and injuries at issue in a given case. The Court expressly found that the privacy settings of a Facebook page do not impact this analysis because otherwise an individual could simply set her page to private to avoid discovery. Ultimately, the Court essentially applied traditional principles of discovery in holding that courts should balance requiring the disclosure of that which is necessary with preventing the disclosure of non-relevant materials.

In sum, Facebook users should be warned that regardless of their privacy settings, pictures and other information contained on their pages is discoverable if it is material and necessary to a lawsuit.

Readers are encouraged to follow us on Twitter (@lloydpatelllp) and Facebook to receive updates on these and other issues throughout the month.

 


Trackback Link
http://www.lloydpatel.com/BlogRetrieve.aspx?BlogID=13375&PostID=1013398&A=Trackback
Trackbacks
Post has no trackbacks.

Recent Posts


Tags

Employer Mandate Landlord-Tenant Law sexual harassment training Trademark licensing Facebook Privacy and Litigation Executive Severance Web Domains Real Estate Law Executive Negotiation Overtime Exemptions I-9 Verification $15 Minimum Wage #meToo Nanny Audit Federal Contractors Fair Workweek Law employment discrimination lawsuits Employment Law Prenup Lactation Law Internet Law Employment Offer/Agreement Fair Labor Standards Act entrepreneur NYC Human Right's Law's Postnup workplace discrimination Interns as Employees Firm Announcements Minimum wage Health Care NLRB Trade Secrets Act Fair Pay and Safe Workplace Executive Order Arbitration Agreements Domain Name New York City Human Rights Law Glatt v. Fox Searchlight Pictures, Inc. Start-up Ventures NY payroll law Employee Salary Histories Divorce Pregnancy Public-Sector Union Fees marijuana usage stocks Employment Contracts Payroll Scams Privacy NYC Sexual harrassment law Hairstyle Discrimination Interns Credit Checks Freelance Isn't Free Human Rights Law Fair Work Week Legislation Affordable Care Act ACA Credit Corporate Law graduate students Negotiating Immigration Status New Address Paid Family Leave Overtime Rules Intellectual Property Household Employees Selling Business Business Law LinkedIn NQSO Workplace Requirements commuter benefits Wage Theft Protection Act Worker's Rights Transgender protections Sexual Harassment policy Business Westchester County implementing new leave laws Alter-Ego Doctrine Unions Technology Interview Series Independent Contractor Joint-Employer Relationship Westchester Safe and Sick Time Laws Department of Labor EEOC Filing Requirement drug testing Attracting Investment Sexual Harassment Security Trade Secrets Housing Law Glatt v. Fox Searchlight Pictures Fair Chance Act Criminal Record Browning-Ferris Case Apple vs. FBI Mandatory Class Action Waivers NYC Salary History Law Right to Unionize U.S. Department of Labor Illegal rentals Womens Rights AirBnB Credit History Federal Acquisition Regulatory Council National Labor Relations Board National Labor Relations Act Newsletter Ban the Box Trademark Law Nobel Prize Non-Qualified Stock Options Unionization New York Earned Sick Time Act

Archive

EDIT - blog-container - This controls the styles for the headings

EDIT - BlogTagCloud - Font style

description

  • EDIT  - post-body - Font style

EDIT - side-panel - This is the colour of the sidebar headings

Snap | BC Module - Blog - Blog Description

Snap | BC Module - Blog - Blog Title

EDIT - Snap | BC Module - Blog - Date - This is the date box style

EDIT - Snap | BC Module - Blog - Post Content - Font style

EDIT - Snap | BC Module - Blog - Post Title - Heading style

EDIT  - Snap | BC Module - Blog - Sidebar Content - Font style

EDIT - Snap | BC Module - Blog - Sidebar Title - Heading style

latest blog title snap text

 

Disclaimer: Nothing on this website is or should be construed as legal advice.
An attorney-client relationship does not exist with our firm unless a signed
retainer agreement is executed, and we do not offer legal advice through
this site or any of the content located on it. For legal advice for your
particular circumstances, please contact us directly.