• Posts by Michael M. Chang
    Associate

    As a former plaintiffs’ lawyer Mike knows how the other side strategizes. Having previously represented individuals in class actions across the country, he leverages that knowledge today as a defense attorney. As a member of the ...

Right on the heels of the Illinois Supreme Court’s decision in Tims, the Court delivered yet another crushing blow to Illinois businesses in Cothron v. White Castle System, Inc. Answering the crucial question of when a Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (BIPA), claim accrues for the collection and disclosure of biometric “identifiers,” the razor thin majority found that a separate claim accrues “each time a private entity scans or transmits” an individual’s biometrics.

The BIPA hits keep coming for employers and companies in Illinois. Today, in a long-awaited opinion in Tims v. Black Horse Carriers, Inc., the Illinois Supreme Court found that a five-year statute of limitations applies to all BIPA claims. This is not welcomed news for employers as it broadens the potential exposure under this biometric law that comes with the heaviest penalties for failure to comply—even if no injury is suffered.

If companies that employ Illinois residents and use any type of equipment to scan fingers, hands, face, or eyes were not yet aware of and concerned by the Illinois’ biometric privacy law, the Illinois Biometric Privacy Act (BIPA), they should be now. On October 12, 2022, after a week-long trial, a federal jury returned a verdict finding that one of the nation’s largest railway companies, BNSF, had violated BIPA—to the tune of a $228 million judgment.

Welcome to the Labor and Employment Law Update where attorneys from Amundsen Davis blog about management side labor and employment issues. 

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