On March 25, 2024, the Supreme Court for the state of California ruled that time spend in security checks on the premises of employers must be paid to hourly workers.  Security check time is one of the more common ways in which employers have workers work off the clock, along with other common examples such as working during a break or lunch, or having to put on or remove safety equipment.

The California Department of Industrial Relations maintains a database of wage theft claims presented to the office by employees, and Wage Claim Judgments against individuals and corporations. We have reviewed this database for judgments from October 1st to December 31st, the last quarter of 2023.  California reported 432 judgments for the 2nd quarter of 2023, the total value of all judgments was $14,129,000. 

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 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.

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.

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.

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.

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.

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 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.