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.


Recent Posts


Sexual Harassment policy Facebook Privacy and Litigation Human Rights Law drug testing Right to Unionize Credit History Intellectual Property Firm Announcements National Labor Relations Act NYC Human Right's Law's #meToo Payroll Scams Fair Labor Standards Act (FLSA) NY payroll law COVID-19 Wage Theft Protection Act graduate students Federal Contractors $15 Minimum Wage Apple vs. FBI Lactation Law Employment Contracts Business Law NYC Salary History Law Trade Secrets Act Housing Law Federal Joint Employer Rule National Labor Relations Board Arbitration Agreements Unionization Fair Chance Act Joint-Employer Relationship workplace discrimination NLRB Fair Labor Standards Act Affordable Care Act Technology Browning-Ferris Case Fair Play to Pay Act marijuana usage Workplace Requirements Minimum wage stocks LinkedIn Selling Business Fair Work Week Legislation Trademark licensing federal Department of Labor Pregnancy sexual harassment training Trade Secrets Tax-Deferred Savings Negotiating Out-of-State LLC Owners Interns as Employees Fair Workweek Law Internet Law Corporate Law Department of Labor Federal Overtime Law U.S. Department of Labor Unions Employee Manuals and Policies Prenup Overtime Exemptions NYC Sexual harrassment law Glatt v. Fox Searchlight Pictures Business Nobel Prize Nanny Audit Web Domains Public-Sector Union Fees Wage and Hour Law EEOC Filing Requirement Worker's Rights Transgender protections Interview Series Marijuana Testing Credit Illegal rentals entrepreneur Domain Name Privacy Overtime Rules Attracting Investment New Address NQSO Plastic Bag Ban Fair Pay and Safe Workplace Executive Order Trademark Law Alter-Ego Doctrine Sexual Harassment Interns Paid Family Leave Start-up Ventures Westchester County implementing new leave laws Credit Checks Non-Qualified Stock Options Employment Offer/Agreement Executive Severance employment discrimination lawsuits Criminal Record Salary History Inquiries Executive Negotiation Independent Contractor New York City Human Rights Law Security Mandatory Class Action Waivers Divorce Employment Law ACA Glatt v. Fox Searchlight Pictures, Inc. Employer Mandate Sexual Harassment and Discrimination In The Workplace Hairstyle Discrimination Westchester Safe and Sick Time Laws Real Estate Law Womens Rights Postnup Household Employees commuter benefits Federal Acquisition Regulatory Council Employee Salary Histories Health Care I-9 Verification NYC Sick Leave Law Immigration Status New York Earned Sick Time Act Newsletter AirBnB Landlord-Tenant Law Ban the Box Freelance Isn't Free


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

EDIT - BlogTagCloud - Font style


  • 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.