Illinois’ Biometric Information Privacy Act (BIPA) has opened the door for a whole new set of class actions, with employees asserting that employers violate the Act by utilizing timekeeping systems that require employee fingerprints, or other “biometric identifiers” or “biometric information.” Cases continue to increase into 2021 and several are worth keeping an eye on, including McDonald v. Symphony Bronzeville Park LLC (the potential complete defense case), Tims v. Black Horse Carriers, Inc. (the potential limitations defense), and Cothon v. White Castle Systems, Inc. (the potential per-scan defense case). Employers should take appropriate steps to ensure they are meeting BIPA requirements.
