News & Analysis as of

Workers Compensation Act Preemption

Ogletree, Deakins, Nash, Smoak & Stewart,...

Rhode Island Legislative Update 2024: New Laws on Leave Entitlements, Minimum Wage Exemptions, and Arbitration Agreements

The Rhode Island General Assembly was active during the 2024 legislative session, passing several bills that impact employers and their business practices. Here is a summary of the new laws Rhode Island employers may need to...more

Butler Weihmuller Katz Craig LLP

Pennsylvania Finds Exception to Anti-Subrogation Rule

The Pennsylvania Supreme Court recently adopted the “no-coverage exception” in Arlet v. Workers’ Compensation Appeal Board. 2022 WL 529350 (Pa. 2022). As most subrogation professionals are aware, the anti-subrogation rule...more

Franczek P.C.

Illinois Supreme Court rules that Workers’ Compensation Act does not preempt BIPA claims

Franczek P.C. on

In a February 3, 2022 decision in Marquita McDonald v. Symphony Bronzeville Park LLC, the Illinois Supreme Court ruled that employee claims for damages for violations of their statutory privacy rights under the Illinois...more

Ballard Spahr LLP

Illinois Supreme Court Holds That Biometric Privacy Claims Are Not Preempted by Workers’ Compensation Act

Ballard Spahr LLP on

On February 3, the Illinois Supreme Court unanimously ruled in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, that the exclusivity provisions of the Illinois Workers’ Compensation Act (WCA) do not preempt...more

Shook, Hardy & Bacon L.L.P.

Biometric Privacy Client Alert: February 2022

McDonald v. Symphony – BIPA Claims Are Not Preempted by Workers’ Comp - For the past year, many BIPA claims have been stayed pending yesterday’s Illinois Supreme Court decision in McDonald v. Symphony Bronzeville Park, LLC...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

FordHarrison

Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

FordHarrison on

For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for...more

Proskauer - Law and the Workplace

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more

Fisher Phillips

Illinois Supreme Court Makes Clear that Workers’ Compensation Law Does Not Preempt States’ Biometric Information Privacy Act

Fisher Phillips on

Yesterday, at long last, the Illinois Supreme Court issued a decision making clear that state workers’ compensation law does not preempt employment-based claims arising under the Biometric Information Privacy Act (BIPA). The...more

Robinson+Cole Data Privacy + Security Insider

Biometric Privacy Class Action Against DAL Global Service will Proceed

DAL Global Services LLC , an aviation ground handling service provider, was hit with a proposed biometric privacy class action in April of this year in the U.S. District Court for the Northern District of Illinois. ...more

Holland & Knight LLP

N.J. High Court Rules on Employer Obligations Under State Medical Marijuana Act

Holland & Knight LLP on

Organizations in employee-friendly New Jersey have long been faced with a choice between compliance with permissive state marijuana regulations or with stricter federal mandates. The Supreme Court of New Jersey, in Hager v....more

Payne & Fears

Key California Employment Law Cases: December 2020

Payne & Fears on

Shirvanyan v. Los Angeles Community. College District, No. B296593, 2020 WL 7706321 (Cal. Ct. App. Nov. 30, 2020) - The availability of a reasonable accommodation is an element of a claim under the Fair Employment and...more

Robinson+Cole Data Privacy + Security Insider

Biometric Suit Not Preempted by Workers’ Compensation Statute

An Illinois employee of Power Solutions International Inc. (Power Solutions) filed suit against his employer alleging violations of the Illinois Biometric Information Privacy Act (BIPA) when Power Solutions collected his...more

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