News & Analysis as of

Biometric Information

Be Careful When Using Biometric Information

by Franczek Radelet P.C. on

While not strictly speaking a wage and hour issue, here is a heads-up to any employers that use timekeeping systems featuring biometric security, like a thumbprint or fingerprint scanner... ...more

Biometrics And “The Mark Of The Beast”: Dealing With Employee Accommodation Requests

by Fisher Phillips on

Employers are increasingly using biometric data such as facial characteristics, hand geometry, retina/iris scans, fingerprints and voiceprints in the workplace. Biometric data can be used to establish records of employee...more

The Protection of Biometric Information

by Saul Ewing LLP on

As states develop new laws directed at the security of biometric identifiers, such as fingerprints and retina scans, institutions of higher education are likely to face a host of new compliance requirements and increased...more

Biometric Attendance Scanner or “Mark of the Beast”?: How an Employee’s Unusual Religious Belief Cost the Employer $600,000.

by Dorsey & Whitney LLP on

A recent case from the Fourth Circuit illustrates the risks for employers posed by the obligation to reasonably accommodate religious objections to workplace rules and practices under Title VII. How should an employer handle...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

With politics swirling around in the background, the AT&T/Time Warner mega-merger is still up in the air, with DOJ antitrust officials still working away (8 months after the deal was announced) to determine whether...more

Fenwick Privacy Bulletin - Summer 2017

by Fenwick & West LLP on

In This Issue - Ransomware Advisory - The WannaCry ransomware attack that began on May 12 infected 230,000 computers in more than 150 countries within a few days. The scope of the attack was unprecedented—which is just one...more

Higher Education Highlights - Summer 2017

by Saul Ewing LLP on

Professor Deprived of Due Process Through Salary Reduction - Due process with respect to an employee’s property interest in employment is a vitally important consideration at public institutions, and, as a recent case...more

Zap! It’s the Devil – No Really: Accommodating Religious Beliefs

by SmithAmundsen LLC on

Imagine that in order to increase time and attendance record accuracy and efficiency, you have invested in a new biometric time clock system. This makes good business sense and overall, it is a straightforward issue…until HR...more

Failure To Accommodate Sincere Religious Beliefs Can Be A Costly Mistake For Employers

Last week, in the case of EEOC v. Consul Energy, Inc., the Fourth Circuit affirmed a $586,860 judgment for a coal miner who claimed that his employer (Consul Energy) failed to accommodate his religious beliefs and...more

Washington becomes the third state with a biometric privacy law: five key differences

by DLA Piper on

The State of Washington has become the third state (after Illinois and Texas) to enact a law regulating biometric information (HB 1493). The new law, enacted in mid-May, goes into effect on July 23, 2017....more

Fourth Circuit Affirms "Mark of the Beast" Religious Discrimination Verdict

The Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) affirmed a $600,000 jury verdict in favor of a West Virginia coal miner who refused to use a new biometric hand scanner installed by his...more

French Data Protection Authority Approves Implementation of Biometric Authentication Tools in Banking Sector

by Jones Day on

On May 29, 2017, the French Data Protection Authority (Commission Nationale Informatique et Libertés, or "CNIL") announced that it had authorized nine banking institutions to implement, on an experimental basis,...more

The Antichrist at Work: 4th Circuit Affirms Judgment Against Employer for Failing to Accommodate Employee’s Religious Belief...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In EEOC v. Consol Energy, Inc., the Fourth Circuit Court of Appeals upheld a judgment against an employer for failing to accommodate an employee’s religious belief that a biometric hand scanner would tag...more

More “Mark of the Beast” – Fourth Circuit Affirms Denial Of Employer’s Post-Verdict Motions In EEOC’s Anti-Christ Discrimination...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Fourth Circuit recently affirmed a U.S. District Court’s denial of three post-verdict motions brought by an employer in an EEOC religious discrimination case alleging a failure to accommodate an...more

“Mark Of The Beast” Workplace Concerns Lead To Half-Million Dollar Verdict

by Fisher Phillips on

Here’s some advice you probably didn’t think you needed, employers: you should avoid, at all costs, giving or threatening to give your employees the biblical Mark of the Beast. And if they think you are doing so, you should...more

Washington Enacts a Biometric Privacy Statute in a Departure from the Existing Standard

We have been writing about the biometric privacy legal landscape, which has thus far been dominated by the Illinois Biometric Information Privacy Act (BIPA). While there are a number of states that are considering bills...more

Employees Assert Illinois Biometric Privacy Claims against Supermarket over Fingerprint Collection Practices

Even though Washington passed its own biometric privacy law last month (HB 1493), and other states are currently debating their own bills, Illinois’s Biometric Information Privacy Act (BIPA) is still the crux of biometric and...more

Don’t Quarrel Over Scripture

by Sherman & Howard L.L.C. on

The Fourth Circuit Court of Appeals recently upheld a jury verdict in favor of the EEOC in a Title VII religious discrimination claim. At issue was the use of a biometric scanner as a time clock. EEOC v. Consol Energy, Inc....more

Washington State Passes Legislation Governing the Use of Biometric Information

by BakerHostetler on

Effective July 23, 2017, Washington will join Illinois and Texas as the third U.S. state to impose statutory restrictions on how businesses collect, use, disclose and retain biometric information. House Bill 1493 applies to...more

Washington State Passes Law Restricting Commercial Collection, Storage And Use Of Biometric Data

by Fox Rothschild LLP on

On July 23, 2017, Washington State will become the third state (after Illinois and Texas) to statutorily restrict the collection, storage and use of biometric data for commercial purposes. The Washington legislature explained...more

A New Employment Law Frontier: Illinois' Biometric Information Privacy Act

by Holland & Knight LLP on

An emerging area of the law has become the focal point in a new class action lawsuit pending in the U.S. District Court for the Northern District of Illinois. In Baron v. Roundy's Supermarkets, Inc., et al. (No....more

New Mexico becomes 48th state to enact a data breach law, plus US state-level updates

by DLA Piper on

An active spring state legislative session has already produced a few new state data breach laws. Notably, when New Mexico HB 15 was signed into law on April 6, the state became the 48th in the nation to have a data breach...more

Employers Take Note: Regulations on the Use of Biometric Data

by Fisher Phillips on

The use of biometric data is continuously increasing, including in the workplace. Biometric data may include facial characteristics, hand geometry, a retina/iris scan, a fingerprint or a voiceprint. Employers often collect...more

New Mexico Enacts Data Breach Notification Law

Governor Susana Martinez recently signed into law the New Mexico “Data Breach Notification Act” (the Act), making New Mexico the 48th state (plus Puerto Rico and the District of Columbia) to adopt legislation mandating the...more

Fingerprint Identification Technology: A How-To Guide

by Bryan Cave on

Fingerprint identification technology uses fingerprints to uniquely identify individuals. The technology has been used by law enforcement agencies for decades, and dozens of statutes regulate when government agencies may...more

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Cybersecurity

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