News & Analysis as of

Timekeeping Biometric Information

Saul Ewing LLP

The Genetic Information Privacy Act: Recent Surge in Class Action Lawsuits Against Illinois Employers

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Over the last decade, Illinois employers have been faced with a rash of class action lawsuits under the Biometric Information Privacy Act (BIPA), causing many employers to pay hefty sums and alter their biometric timekeeping...more

Parker Poe Adams & Bernstein LLP

Biometric Screening Can Result in ADA, Title VII Claims

An increasing number of employers are expressing interest in using biometric technology in the workplace. For example, a company concerned that employees are clocking one another in and out of work could implement retinal...more

K&L Gates LLP

Biometric Claims by Workers Covered by Collective Bargaining Agreements are Preempted in Illinois

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Agreeing with earlier decisions by the United States Court of Appeals for the Seventh Circuit, the Illinois Supreme Court recently held in Walton v. Roosevelt University that federal labor law preempts employee claims for...more

Seyfarth Shaw LLP

“BIPA Win For Union Employers:  Union Employees’ BIPA Claims Are Preempted”

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Seyfarth Synopsis: On March 23, 2023, the Illinois Supreme Court unanimously affirmed the appellate court’s decision in Walton v. Roosevelt University, ruling that the Labor Management Relations Act (“LMRA”) preempts the...more

Troutman Pepper

Illinois Supreme Court Rules on Workers’ Compensation Act and BIPA

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Q. Does the Workers’ Compensation Act bar a claim for damages under Illinois’ Biometric Privacy Act (BIPA)? ...more

Faegre Drinker Biddle & Reath LLP

Illinois Supreme Court: BIPA Claims Not Barred By Workers’ Compensation Act

Companies with Illinois employees have been bombarded with class action lawsuits under the Illinois Biometric Information Privacy Act (BIPA) over the last several years. These lawsuits generally allege that employers have not...more

Seyfarth Shaw LLP

Illinois Supreme Court Holds Workers’ Compensation Act Does Not Bar BIPA Claims

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Seyfarth Synopsis: The Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, et al., 2022 IL 126511 (Feb. 3, 2022), holding that claims for statutory damages against an...more

Jackson Lewis P.C.

Illinois High Court’s Long-Awaited Decision Holds BIPA Claims Not Barred By Workers’ Comp Law

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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

Sherman & Howard L.L.C.

Kronos Outage: Five Things to Do Now if You Are Impacted

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Just as the year is winding down and many HR professionals are looking forward to well-deserved breaks away from work, Kronos announced that it was the victim of ransomware and that UKC Workforce Central, UKG TeleStaff,...more

Jackson Lewis P.C.

Does the Workers’ Compensation Act Bar BIPA Claims? Illinois Supreme Court Will Weigh In

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The Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act is preempted by the...more

Polsinelli

Private Biometric Data: Union Consent to Collection

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On June 13, 2019, the U.S. Seventh Circuit Court of Appeals in Miller v. Southwest Airlines, Co., Case 18-3476 (June 13, 2019), ruled that claims asserted under the Illinois Biometric Information Privacy Act (“BIPA”), in the...more

Robinson+Cole Data Privacy + Security Insider

Hotel Chain Hit with Class Action Alleging “Misuse” of Biometric Data

Hotel chain Fillmore Hospitality, LLC is the latest target of a proposed class action complaint filed this week, alleging violation of the Illinois Biometric Information Privacy Act (BIPA)....more

Bradley Arant Boult Cummings LLP

Technology at a Price: Risks With Using Biometric Scanning in the Workplace - Labor & Employment Newsletter

Parents who took their children to Disney World in recent years may have been surprised when Disney “cast members” asked the young princes and princesses to place a finger on a scanner before entering the parks. Biometric...more

Sheppard Mullin Richter & Hampton LLP

France Imposes Fine for Unauthorized Use of Fingerprint Timeclocks

French data protection authority CNIL has issued a fine against company Assistance Centre d’Appel related to the use of biometric technology in the workplace. During an audit at the end of 2016, CNIL found that the company...more

Fenwick & West LLP

Biometric Data Privacy Act Class Action Dismissed for Lack of Actual Injury

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A federal district court in the Northern District of Illinois dismissed a putative class action alleging violations of the Illinois Biometric Information Privacy Act — known as the BIPA — holding that the allegation of a mere...more

Proskauer - New Media & Technology

Wave of Illinois Biometric Privacy Suits Continues Unabated

After noting the flood of Illinois biometric privacy suits in September, it appears that the flow of such suits remains robust. Dozens of suits have been filed in Illinois state court against Illinois-based employers and...more

Mintz - Privacy & Cybersecurity Viewpoints

The Law of Unintended Consequences: BIPA and the Effects of the Illinois Class Action Epidemic on Employers

Has your company recently beefed up its employee identification and access security and added biometric identifiers, such as fingerprints, facial recognition, or retina scans? Have you implemented new timekeeping technology...more

Foley & Lardner LLP

Using Biometric Timekeeping? Be Aware of Potential Compliance Risks

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Human resources professionals could certainly be excused for feeling frustrated with the fact that every technological advance improving business operations comes with new legal landmines to manage. For example, increased...more

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