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

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

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.