#WorkforceWednesday® - State Legal Trends: Crucial Changes for Employers - Employment Law This Week®
Biometric Litigation
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
Data Privacy Legislation, Part 2 (and bonus tips on teleworking from two law mamas who feel your pain!)
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15. In...more
As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...more
Join us Wednesday, September 13 at noon for our Ninth Annual Labor & Employment Fall Seminar. This year’s event will be livestreamed from our Chicago office. Our attorneys will discuss the latest employment law updates...more
As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the...more
In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more
As you likely heard, in two recent rulings, the Illinois Supreme Court finally addressed important statute-of-limitations issues. In Tims v. Black Horse Carriers, the Supreme Court ruled that a five-year statute of...more
February brought big changes to the Illinois Biometric Information Privacy Act (“BIPA”) litigation landscape. On the heels of a catastrophic 228 million dollar jury verdict against BNSF, the Illinois Supreme Court issued an...more
On Friday, February 17, 2023, the Illinois Supreme Court issued another blockbuster ruling interpreting the Biometric Information Privacy Act (“BIPA”). In a 4 to 3 decision, the Court in Cothorn v. White Castle Systems held...more
In a recent 4-3 decision, the Illinois Supreme Court held that claims under sections 15(b) and 15(d) of Illinois’ Biometric Information Privacy Act (BIPA) accrue each time a private entity collects a biometric identifier...more
Outside of Hollywood, employers have used biometrics to limit access to sensitive information and secure areas for a number of years. As costs of implementing the technology decreased and the technology became more...more
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
On February 3, 2022, in a much-anticipated opinion, the Illinois Supreme Court held that the Illinois Worker’s Compensation Act does not bar claims against employers under the Illinois Biometric Information Privacy Act...more
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
Ever since the enactment of the Illinois Biometric Information Privacy Act (BIPA), we have been watching the development of laws around the collection, use, disclosure and retention of biometric information....more
In the two years since the Illinois Supreme Court ruled that a failure to obtain written consent prior to collecting an individual’s biometric data is enough to maintain an action under the Illinois Biometric Information...more
The use of biometric-enabled devices has become ubiquitous in the modern workplace. Biometric time clocks offer employers an accurate and reliable way to track employees’ hours, while increasing accountability. Biometric...more
Amongst the flurry of activity in the privacy space recently, there have been two particular trends that businesses need to monitor....more
It has been reported that a hacker was able to break into the servers of TheTruthSpy, a company that is described as “one of the most notorious stalkerware companies out there” (Motherboard, August 2018) and was able to steal...more