On August 2, 2024, Governor Pritzker signed Senate Bill (SB) 2979, which amends the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (BIPA). The bill, which passed both the Illinois House and Senate by an...more
The Illinois Supreme Court’s decision that a separate claim under Illinois’ Biometric Information Privacy Act (BIPA) accrues each time an entity scans or transmits an individual’s biometric identifier or biometric information...more
A separate claim under Illinois’ Biometric Information Privacy Act (BIPA) accrues each time an entity scans or transmits an individual’s biometric identifier or biometric information, a divided Illinois Supreme Court has...more
The Illinois Supreme Court has ruled out the possibility of a one-year statute of limitations for claims under the Illinois Biometric Information Privacy Act (BIPA). Tims v. Blackhorse Carriers, Inc., No. 127801 (Feb. 2,...more
In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead...more
1/31/2023
/ Arbitration ,
Biometric Information Privacy Act ,
Class Action ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Independent Contractors ,
Misclassification ,
Non-Exempt Employees ,
OSHA ,
Pay Rates ,
Payroll Companies ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Software ,
Wage and Hour
A jury in federal court in Chicago has returned a verdict for the plaintiff class in the first trial of a case involving claims under the Illinois Biometric Information Privacy Act (BIPA). Rogers v. BNSF Railway Co., No....more
Adopting a “per-scan” theory of accrual or liability under the Illinois Biometric Information Privacy Act (BIPA) would lead to absurd and unjust results, argued a friend-of-the-court brief filed by Jackson Lewis in Cothron v....more
In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits,...more
2/16/2022
/ Arbitration Agreements ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Coronavirus/COVID-19 ,
Data Breach ,
Employee Retirement Income Security Act (ERISA) ,
Employer Mandates ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Off-Duty Employees ,
Out-of-State Employees ,
Personally Identifiable Information ,
Popular ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Vaccinations ,
Wage and Hour ,
Website Accessibility ,
Workers' Compensation Claim
The Illinois Supreme Court rejected a potential defense to claims of alleged violations of the Illinois Biometric Information Privacy Act (BIPA) when it held that the exclusivity provisions of the Illinois Workers’...more
Facial recognition, voiceprint, and other biometric-related technology are booming, and they continue to infiltrate different facets of everyday life. The technology brings countless potential benefits, as well as significant...more
The use of smart dashcams and vehicle cameras, including those leveraging AI technology, may trigger the next wave of BIPA litigation, according to two cases filed in Illinois this week.
Enacted in 2008, the Illinois...more
The Cook County Department of Public Health (CCDPH) has ordered that all indoor settings where food or drink are served for on-premises consumption and health and fitness centers require proof of COVID-19 vaccination with an...more
The City of Chicago has issued a public health order requiring restaurants, bars, gyms, fitness centers, and entertainment/recreation venues where food or beverages are served to require proof of vaccination from all patrons....more
On September 17, 2021, a three-judge panel of the Illinois Appellate Court for the First Judicial District issued a long-awaited decision regarding the statute of limitations for claims under the state’s Biometric Information...more
The Illinois Victim’s Economic Security and Safety Act (VESSA) has been amended to expand the list of reasons for which job-protected leave is available, among other provisions. The amendments went into effect on August 20,...more
The Baltimore City Council recently passed an ordinance, in a vote of 13-2, barring the use of facial recognition technology by city residents, businesses, and most of the city government (excluding the city police...more
The Illinois Employee Sick Leave Act (ESLA) has been amended to require employers to allow employees to take personal sick leave for absences due to “personal care of a covered family member.”
Originally enacted in 2017,...more
Enacted in 2008, the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. (the “BIPA”), went largely unnoticed until a few years ago when a handful of cases sparked a flood of class action litigation over the...more
On December 30, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir., Dec. 30 2020), and held that an employer did not violate the ADA...more
Illinois, Chicago, and Cook County have issued new guidance and restrictions as COVID-19 cases continue to rise around the country.
Governor J.B. Pritzker has announced an update the state reopening plan. The City of...more
Chicago’s City Council has passed an ordinance to protect employees from retaliation by their employers if they obey public health orders or orders of a healthcare provider to stay at home because of the COVID-19 pandemic....more
On August 20, 2019, the Ninth Circuit dodged answering the question of whether morbid obesity is a disability under the Americans with Disabilities Act. In Valtierra v. Medtronic Inc., No. 17-15282, the Ninth Circuit affirmed...more
On February 7, 2019, the Village of Glenview, Illinois, voted to opt back in to the Cook County Earned Sick Leave Ordinance, effective July 1, 2019. In doing so, Glenview joins the growing list of suburban municipalities to...more
The Illinois Supreme Court has ruled that individuals need not allege actual injury or adverse effect, beyond a violation of his or her rights under the Illinois Biometric Information Privacy Act (BIPA), in order to qualify...more
Are you tired of the Cook County Earned Sick Leave roller coaster, yet?
Last Tuesday, the Village of Northbrook, Illinois, became the most recent Cook County municipality to opt back in to the Cook County Earned Sick Leave...more