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By Lauren Daming on February 6, 2019 at 1:15 PM

Companies encouraged to revisit privacy policies in light of projected increase in litigation

Thumbprint getting scanned with a biometric scannerThe Illinois Supreme Court in January 2019 held that plaintiffs bringing claims under the Illinois Biometric Information Privacy Act (BIPA) are not required to allege that they suffered any actual harm as the result of a violation of the act. Instead, it’s enough to allege that an employer or other entity simply violated BIPA’s notice, consent or disclosure requirements. The court’s opinion in Rosenbach v. Six Flags is expected to result in an increase in class action litigation under BIPA, which regulates how private entities use information based on “biometric identifiers” such as fingerprints and retina scans.  

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By Lauren Daming, Heather Mehta on May 21, 2018 at 2:40 PM EDT

Supreme Court buildingIn a 5-4 decision written by newcomer Justice Gorsuch, the U.S. Supreme Court upheld employment agreements that require employees to individually arbitrate disputes with their employers.

The May 21, 2018, opinion in Epic Systems Corp. v. Lewis resolves a trio of cases before the Supreme Court in which employees brought suits against their employers alleging state and federal wage and hour violations. In each situation, the employees had signed contracts agreeing to resolve any employment-related disputes in individualized arbitration. Nevertheless, they sought to litigate their claims in class or collective actions. 

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By Katherine Fechte, Lauren Daming, Lauren Harris, Camille Toney, Audrie Howard on February 8, 2018 at 2:50 PM

"2017" and "2018" written on metal wheelsThe federal employment law landscape saw some interesting developments in 2017, as well as some anticipated changes that were ultimately halted or delayed. Below is a summary of major federal employment law headlines and a look at what employers can expect in 2018.

For Missouri and Illinois employers specifically, a review of 2017 updates and a look forward at 2018 can be found here.

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By Lauren Daming on January 10, 2018 at 11:35 AM

Employee clocking in with fingerprintA wave of class action lawsuits has been filed alleging violations of the Illinois Biometric Information Privacy Act (BIPA), a statute aimed at regulating how companies use information based on “biometric identifiers” such as fingerprints and retina scans. Violating BIPA can be costly, so employers operating within Illinois should review their business practices to determine whether they are using “biometric information” and plan accordingly.

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By Katherine Fechte on June 19, 2017 at 1:35 PM

Image of the Department of Justice (DOJ) buildingIn what is considered an “unprecedented action,” the Department of Justice (DOJ) has switched sides to argue on behalf of employers, and against the position of the National Labor Relations Board (NLRB), in the U.S. Supreme Court battle over employment agreements mandating arbitration. The DOJ said Friday that it no longer supports workers in the case NLRB v. Murphy Oil, which addresses whether an employment contract that requires the employee to waive his or her right to bring a class-action lawsuit against the employer violates the National Labor Relations Act.

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By Lauren Harris, Lauren Daming, Katherine Fechte, Camille Toney, Audrie Howard on January 25, 2017 at 12:21 PM

Business shoes moving from 2016 to 20172016 was a busy year for employment law developments on a national level, and 2017 promises to follow suit. To help employers navigate the changes, here is a summary of major developments that may affect your business this year.

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