On April 29th, 2024, the Equal Employment Opportunity Commission (EEOC) issued a new final guidance on harassment in the workplace.  The rule in intended to provide guidance to employers on how to prevent harassment, stating legal standards regarding employer liability if a worker faces discrimination or harassment in the workplace.

The EEOC Chair Charlotte A. Burrows stated: “Harassment, both in-person and online, remains a serious issue in America’s workplaces. The EEOC’s updated guidance on harassment is a comprehensive resource that brings together best practices for preventing and remedying harassment and clarifies recent developments in the law,”.

On March 15th, 2024, Schneider Wallace Cottrell Konecky LLP filed a lawsuit in the Northern District of California against John Muir Health and its Board of Directors.  The complaint alleges that John Muir Health violated their fiduciary duties under the Employee Retirement Income Security Act (ERISA). 

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.