News & Analysis as of

Class Action Employer Liability Issues Statutory Violations

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Robinson+Cole Data Privacy + Security Insider

Marriott Faces Class Action for Alleged Violation of Illinois Biometrics Law

Last week Marriott Hotel Services was hit with a class action lawsuit for alleged violations of the Illinois’ Biometrics Information Privacy Act (BIPA). The lawsuit alleges that the hotel violated BIPA by requiring workers to...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

Troutman Pepper

Seventh Circuit Revives McDonald's Employee No-Poach Litigation

Troutman Pepper on

In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more

Franczek P.C.

Illinois Supreme Court Opens Door for More Actions Under BIPA

Franczek P.C. on

The Illinois Biometric Privacy Act (“BIPA”) has been a fertile source of class action litigation in recent years as courts continue to grapple with the scope of potential liability of employers and other entities who have...more

Littler

New Opinion Allowing Plaintiff to Present His Class Action Willful FCRA Claims to a Jury Reinforces Need to Remain Vigilant About...

Littler on

The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks.  Most lawsuits asserting federal claims proceed in federal court. The FCRA is atypical in that FCRA claims can proceed...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

Fisher Phillips

The Illinois Biometric Landscape Gets Even Tougher For Employers

Fisher Phillips on

The Illinois Biometric Information Privacy Act (BIPA) has proven to be a significant burden on Illinois employers, and a recent Illinois federal court decision may have made the legal landscape even more difficult. In Cothron...more

Seyfarth Shaw LLP

New York Federal Court Finds That A Common Policy Or Plan Is Still Critical To ADEA Collective Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Rusis, et al. v. Int’l Bus. Machines Corp., No. 18 Civ. 8434, 2020 WL 1151322, at *2 (S.D.N.Y. Mar. 10, 2020), the U.S. District Court for the Southern District of New York recently declined to...more

Seyfarth Shaw LLP

Mooting Monster Class Actions: Illinois Supreme Court Decision Provides Framework For Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis:  The Illinois Supreme Court recently affirmed a state appellate court’s holding that in class action lawsuits, an effective tender made before a named plaintiff files a class certification motion satisfies...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

Seyfarth Shaw LLP on

Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Littler

Criminal Record Screening Policies Continue to Raise Important Multi-Jurisdictional Compliance Issues

Littler on

Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. Following a multi-million dollar settlement by a leading retailer earlier this year, a recent...more

Littler

Third Circuit Holds Individual Plaintiffs Lack Standing for Some Alleged Violations of the FCRA's Pre-Adverse Action Notice...

Littler on

On September 10, 2018, in Long v. Southeastern Pennsylvania Transportation Authority (SEPTA), the U.S. Court of Appeals for the Third Circuit joined the chorus of recent circuit court opinions tackling the question of...more

Sherman & Howard L.L.C.

FCRA Disclosure Revisited

In these unsettled days of a new administration, it is almost soothing to see the courts focus on statutory language alone. Almost. The Fair Credit Reporting Act (“FCRA”) requires that, before a prospective employer (or...more

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