Dec 28, 2021 | Data Breach
Ransomware Group Reportedly Targets Shutterfly
On December 27, 2021, ZDNet.com reported that “Shutterfly reported a ransomware attack on Sunday [December 26, 2021].” The incident was first reported by Bleeping Computer, which said a source told them the company was attacked by the Conti ransomware group.” ZDNet.com reported that “[i]n a statement, the company said portions of the Lifetouch and BorrowLenses business were affected. They experienced interruptions with Groovebook, manufacturing offices, and some corporate systems as well.”
Shutterfly, according to the ZDNet.com report, is “assessing the full scope of any data that may have been affected,” and Shutterfly does “not store credit card, financial account information, or the Social Security numbers of [its] Shutterfly.com, Snapfish, Lifetouch, TinyPrints, BorrowLenses, or Spoonflower customers, and so none of that information was impacted in [the] incident.”
Reportedly, Another, But Smaller, Data Breach Suffered By T-Mobile
On December 28, 2021, Cnet.com reported that “[o]n the delayed heels of its huge data breach in August, the T-Mo Report brings news . . . of another possible data breach. This one seems to impact a smaller group of customers who received notifications of ‘unauthorized activity’ on accounts consisting of customer proprietary network information or a physical SIM swap (or both), according to the site.”
According to Cnet.com, Customer Proprietary Network Information “. . . consists of all the data T-Mobile has about your phone calls, which according to the carrier [are] ‘features of your voice calling service (e.g., international calling), usage information (like call logs—including date, time, phone numbers called, and duration of calls), and quantitative data like minutes used.’ It doesn’t contain any billing-related information like names or addresses.”
Additionally, according to Cnet.com, “[a]n unapproved physical SIM swap allows someone else to take over your phone number, and if they have your password, to potentially gain access to accounts linked to it — such as if you use text for multifactor authentication.”
For additional information on protecting your identity from a SIM-swap scam, please click the CNet.com article, “T-Mobile data breach and SIM-swap scam: How to protect your identity.”
Have You Been Impacted by A Data Breach?
If so, please complete the form on the right or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], for a free, no-obligation evaluation of potential legal claims.
Examples of the type of relief sought by data privacy class actions, include, but are not limited to, reimbursement of identity theft losses and of out-of-pocket costs paid by data breach victims for protective measures such as credit monitoring services, credit reports, and credit freezes; compensation for time spent responding to the breach; imposition of credit monitoring services and identity theft insurance, paid for by the defendant company; and improvements to the defendant company’s data security systems.
Data privacy class actions are brought on a contingent-fee basis; thus, plaintiffs and the class members do not pay out-of-pocket attorney’s fees or litigation costs. Subject to court approval, attorney’s fees and litigation costs are derived from the recovery obtained for the class.
Dec 28, 2021 | Blog, Car Problems Car Complaints
More Than Three Million Hyundais & Kias Subject Of New Engineering Analysis – Investigation Involves Model Year 2011-2016 Hyundai Sonata, Hyundai Santa Fe, Hyundai Elantra & Kia Sorento, Kia Rio, Kia Optima & Kia Soul Vehicles
Vehicle owners and lessees should be aware that on December 28, 2021, Autoblog.com posted an Associated Press article which reported that “U.S. auto safety regulators have stepped up a series of investigations into engine fires that have plagued Hyundai and Kia vehicles for more than six years.”
According to the story posted on Autoblog.com, “[t]he National Highway Traffic Safety Administration says a new engineering analysis investigation covers more than 3 million vehicles from the 2011 through 2016 model years. The agency has received 161 complaints of engine fires, some of which occurred in vehicles that had already been recalled.”
Reportedly, “[t]he vehicle fires involve the related Korean automakers’ Theta II GDI, Theta II MPI, Theta II MPI hybrid, Nu GDI and Gamma GDI engines. Models covered include Hyundai’s Sonata, Santa Fe, and Elantra and as well as Kia’s Sorento, Rio, Optima and Soul. Model years covered are 2011 through 2016.” [Emphasis added.]
VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.
Dec 28, 2021 | Data Breach
Florida Digestive Health Specialists Suffers Data Security Incident Involving Protected Health Information
In a December 27, 2021 “Notice of Data Breach,” Florida Digestive Health Specialists, LLP (“FDHS”) notified consumers that “[o]n December 16, 2020, an employee noted suspicious activity within their FDHS email account that resulted in suspicious emails having been sent from their employee account. Several days later, on December 21, 2020, FDHS learned that funds had been misrouted to an unknown bank account.”
The “Notice of Data Breach” stated that its investigation of the data breach “. . . found that a limited number of FDHS employee email accounts had been accessed by unauthorized users. [The] investigation was involved and, though access was confined to a limited number of FDHS email accounts, those accounts were voluminous. FDHS investigated those email accounts to determine what information was found in those accounts, whether it constituted personal information, protected health information, or other confidential information, and to whom that information belonged. This process took a considerable amount of time and only concluded on November 19, 2021.”
According to the data breach notice, “[t]he categories of PHI present in the posted data set include . . . first and last name, address, date of birth, Social Security number, financial information, health insurance information, medical information, diagnosis, health insurance individual policy number, and Medicare/Medicaid information.” [Emphasis added.]
The total number of persons affected, according to the Office Of The Maine Attorney General, is 212,509.
Source: Office Of The Maine Attorney General
Have You Been Impacted by A Data Breach?
If so, please complete the form on the right or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], for a free, no-obligation evaluation of potential legal claims.
Examples of the type of relief sought by data privacy class actions, include, but are not limited to, reimbursement of identity theft losses and of out-of-pocket costs paid by data breach victims for protective measures such as credit monitoring services, credit reports, and credit freezes; compensation for time spent responding to the breach; imposition of credit monitoring services and identity theft insurance, paid for by the defendant company; and improvements to the defendant company’s data security systems.
Data privacy class actions are brought on a contingent-fee basis; thus, plaintiffs and the class members do not pay out-of-pocket attorney’s fees or litigation costs. Subject to court approval, attorney’s fees and litigation costs are derived from the recovery obtained for the class.
Dec 23, 2021 | Blog, Product Liability
Undisclosed Benzene Leads To Class Action Regarding EltaMD UV Aero Broad-Spectrum Full-Body Sunscreen Spray – SPF 45
A class action complaint was filed on December 22, 2021 in United States District Court, Southern District of New York, seeking to remedy the alleged deceptive and misleading business practices of Defendants Colgate-Palmolive Company and EltaMD, Inc., with respect to the marketing and sale of Defendants’ EltaMD UV Aero Broad-Spectrum Full-Body Sunscreen Spray – SPF 45 sunscreen product.
According to the complaint, the Defendants list both the active and inactive ingredients of the aforementioned product, but fail to disclose that the product contains “benzene,” a widely recognized and incredibly dangerous substance, especially in the context of applying it to the skin.
If you feel you have been a victim of a defective or misleading consumer product and/or product recall and wish to discuss your potential legal options, please contact Kehoe Law Firm, P.C., [email protected], for a free, no-obligation case evaluation.
Dec 23, 2021 | Overtime & Wages
The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.
- FLSA Minimum Wage: The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
- FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and fire fighters employed by public agencies and to employees of hospitals and nursing homes.
- Hours Worked (PDF): Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.
- Recordkeeping (PDF): Employers must display an official poster outlining the requirements of the FLSA. Employers must also keep employee time and pay records.
- Child Labor: These provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.
Various minimum wage exceptions apply under specific circumstances to workers with disabilities, full-time students, youth under age 20 in their first 90 consecutive calendar days of employment, tipped employees and student-learners.
Many states, such as Pennsylvania, also have minimum wage laws. Where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher minimum wage rate. Where state law requires a higher minimum wage, the higher standard applies.
Some states have also enacted overtime laws. Where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay).
Wage and Hour Division, U.S. Department of Labor
The Wage and Hour Division of the U.S. Department of Labor enforces the FLSA’s federal minimum wage, overtime pay, record keeping, and child labor requirements. The following are links to FLSA-related investigations conducted by the Wage and Hour Division of the U.S. Department of Labor:
$125K in overtime, prevailing wages recovered for 34 plumbers employed by federal project’s subcontractor
$1.3M in back wages recovered for 500 farmworkers in Texas denied full wages, overtime
$137,838 in wages, damages for 71 home healthcare workers who were denied overtime
Home healthcare provider pays $120K in back wages, damages to 36 employees after DOL finds wage violations
$139K in overtime back wages recovered for 21 employees after federal court orders employer to comply
$79K in wages recovered for 39 healthcare workers serving individuals with disabilities in Louisiana
Federal investigators find Texas residential builder owed employees $163K in overtime
Federal court orders Weymouth, MA restaurant and owner to pay $345K in back wages and damages to 13 workers denied overtime pay and earned tips
New Hampshire Retailer Pays $50,000 In Punitive Damages To Worker Terminated After Asking For Owed Overtime Wages
Investigation Recovers $97K In Back Wages, Damages For 330 Workers After U.S. Department Of Labor Finds Violations At 11 Frozen Yogurt Franchise Locations
Honolulu company to pay more than $1 million to 171 security officers after investigation found that the employer illegally schemed to deny payment of overtime wages
North Charleston employer found to have kept workers tips, failed to pay overtime; investigation recovers $154K in back wages, damages
Court orders Long Island horse trainer, stable to pay $132K to 52 employees after US Department of Labor finds wage theft, falsified records
$72K in back wages and damages recovered, after an investigation finds California construction employer underpaid its workers – employees not paid for required off-the-clock work
Hawaii restaurants operator shortchanged cooks In Honolulu, Kailua, failed to pay overtime wages
Federal court orders Massachusetts contractor with history Of FLSA violations to pay $438K in unpaid overtime to 250 employees
Court orders Long Island pizzeria to pay $178K in back wages, damages, penalties for denying workers overtime wages
$105K recovered in back wages for 92 workers, after investigation finds overtime violations by Tampa healthcare services provider
Oklahoma City area nursing homes operators failed to pay workers for time spent in training, meetings
US Department of Labor finds violations at Mississippi fish farms, recovers more than $102K in back wages for 123 workers
Luxury apartment complex in San Jose’s historic Japantown denied maintenance workers overtime wages owed
Wage & Hour Lawsuits
