Media

Category: News

Key Considerations in Dangerous Road Condition Lawsuits

When pursuing a lawsuit against government entities for injuries or damages due to poor road conditions, several critical factors come into play – the responsible entity, any failure to act, recoverable damages, potential partial fault, filing requirements, and assessing liability for state and federal agents and agencies. To read more, see our full post.

The Illinois Genetic Information Privacy Act (GIPA)

The Genetic Information Privacy Act (GIPA) of Illinois, effective from January 1, 1998, and with subsequent amendments, is a comprehensive law designed to safeguard genetic information of individuals. It outlines specific rules and regulations regarding the use, disclosure, and protection of genetic data, emphasizing privacy and non-discrimination. To promote the goals of the Act, violations come with stiff penalties: $2,500 in liquidated damages for negligent violations, rising to $15,000 or higher for intentional or reckless violations.

The primary aim of the Illinois GIPA is to give individuals more control over their personal information. This is achieved by imposing obligations on businesses and organizations that collect genetic data.  It applies to any entity, regardless of its business location, that handles the personal information of Illinois residents. This means any company located outside of Illinois is still subject to the law and the penalties if they breach them regarding Illinois residents.

Department of Labor Issues Final Independent Contractor Rule on Misclassification of Workers

On January 10th, 2024, the U.S. Department of Labor released their final rule, replacing prior guidance from 2021 on who is an independent contractor and who is an employee, under the Fair Labor Standards Act (FLSA). 

The rule, going into effect on March 11th, 2024, governs which workers will be considered an employee with overtime pay, minimum wage pay, and other benefits, from independent contractors. The bureau of labor statistics (BLS) estimates that around 7% of the workforce work as independent contractors.

State, County, and City Minimum Wage Changes in 2024

While the federal minimum wage remains $7.25, most states (and some counties and cities) have raised the minimum wage for workers to higher levels. In 2024, we have tracked 23 states with changes as of January 1st or later in the year, as well as multiple California cities and counties.

Walmart and Energizer Motion to Dismiss Battery Price Fixing Class Action Denied

On February 9th, 2024, in the United States Northern District of California, Walmart and Energizer Holdings’ motion to dismiss three potential class actions against over allegations they colluded to raise and fix battery prices was denied. Schneider Wallace is a national plaintiff and consumer law firm representing those injured after anticompetitive behavior, and represents plaintiffs here against Walmart and Energizer.

Order Granting Class Certification – Banks v R.C. Bigelow, Inc

See below for links to the Order Granting Class Certification, Denying Motions to Strike in Banks v R.C. Bigelow, Inc, and the Class Notice in Banks v R.C. Bigelow, Inc.

California Court of Appeal Rejects Gilead Sciences Claim that It Is Immune From Suits For Its Decision to Withhold A Safer Drug To Treat HIV In TDF Litigation

On Tuesday, January 9, 2024, in a unanimous decision, the First District Court of Appeal of California made clear that drug manufacturers like Gilead cannot escape liability for alleged negligent decision-making – in this instance Gilead’s decision to withhold the safer HIV anti-viral drug (TAF) in order to maximize profits.

Schneider Wallace Adds A New Partner: James Bloom

Schneider Wallace Cottrell Konecky LLP, a national plaintiff side law firm, is pleased to announce the promotion of James Bloom to a partner at the firm. Mr. Bloom practices as a member of the firm’s consumer rights team, primarily representing plaintiffs, consumers and employees in class action and consumer cases. Mr. Bloom practices at the Emeryville firm headquarters in the Bay Area, California. 

Mr. Bloom has represented the trustees, fiduciaries and participants of ERISA covered plans, including defined contribution plans, 401(k) plans, pension plans, employee stock ownership plans (ESOPs) and welfare plans in a wide variety of ERISA claims related to the plan management, fees and benefits. Mr. Bloom has also represented clients ranging from businesses like banks and hedge funds to employees, shareholders, consumers and property owners as plaintiffs and defendants in commercial cases of many kinds, including securities, bankruptcy, real estate, corporate and contractual disputes.

California Labor Laws – Upcoming 2024 Changes

Starting January 1st, 2024 California employers will be required to offer increased sick hours, increase availability of sick pay to newer workers, allow additional roll-over or carry over of hours, and allow a higher cap on total sick time accrued. The new rules are contained in SB 616, signed into law on October 4th, 2023.

Two laws, SB 699 and AB 1076, amend existing California law limiting the enforcement of non-compete agreements and non-compete clauses. California employment law has maintained a dim view of non-compete agreements, and the new laws further cement this position. 

SB 848 adds a new type of protected leave after a California workers experiences a loss of pregnancy or other reproductive loss event.  The law allows for up to 5 days of leave for events covered under the new law. 

Binance and CEO Plead Guilty to Federal Charges, Agree to Pay $4.3 Billion

Binance Holdings Limited, the company that operates Binance.com, pleaded guilty to multiple violations of the Bank Secrecy Act and agreed to pay a total of $4.3 billion in penalties. The settlement is to resolve ongoing investigations regarding allegations Binance failed to register as a money transmitting business and for violations of the Bank Secrecy Act and International Emergency Economic Powers Act.