As with any proposed legislation, employers must beware of the legal pitfalls that lie in wait for them, surprising those who have not considered the creative lawsuits plaintiffs’ attorneys may conjure. The most recent proposed legislation to note in Florida is the “Florida Biometric Information Privacy Act” (FBIPA)1, which would govern an employer’s use of biometric technology. On February 21, 2019, the Florida Legislature introduced the FBIPA, which is designed to regulate private entities’ use, collection, and maintenance of biometric identifiers and biometric information. If the proposed bill is passed, the FBIPA would create a private right of action against employers that misuse or improperly maintain or collect biometric information. This could lead to increased litigation against employers, as Illinois’ employers have experienced, where similar legislation is already in place. Plaintiffs in such cases argue that they were not properly advised of the use of their biometric information, and would never have agreed to it without additional compensation under a theory that their employment agreement was altered without the employer providing new or additional consideration. Of course, these lawsuits are not limited to just employer-employee relationships, and consumers are suing under similar lack of notice/consideration theories.

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