The New Wave Of Employee Biometrics Class Actions

By Steven Pearlman, Eddie Young and Alex Weinstein (October 13, 2017, 11:24 AM EDT) -- At least 26 employment class actions alleging violations of the Illinois Biometric Information Privacy Act (BIPA) have been filed in Illinois state court from July to October 2017.[1] Most of the complaints allege that employers are collecting employee's fingerprints for use in connection with timekeeping systems but failing to provide the required written notice and obtain the required written consent, as well as neglecting to promulgate the required policy. This article discusses employers' obligations under the BIPA, the substantial damages the statute enables employees to recover on a classwide basis, and potential defenses that employer-defendants are likely developing.

The BIPA's Purpose and...

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