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


Tags

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