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The Second Circuit Provides A Roadmap For Employers Defending Claims Under Illinois’ Biometric Information Privacy Act

While the emergence of biometric technology in the workplace is not a new phenomenon, employers being sued for utilizing this technology is a new trend. Over the past three months, more than 30 class action lawsuits have been filed in Illinois state and federal courts against employers that use timeclocks that scan an employee’s fingerprint, retina, or iris to clock employees into and out of work (“biometric timeclocks”).1 The lawsuits allege violations of Illinois’ Biometric Information Privacy Act (“BIPA”), which governs the collection, use, and disclosure of biometric data2 by entities in Illinois.

Clear as Mud: Illinois Courts Continue to Grapple With The “Adequacy” Of Consideration for Non-Compete Agreements

It is axiomatic that a contract requires consideration to be binding. Ordinarily, courts only inquire into the existence, but not the “adequacy,” of consideration.

Illinois Attorney General Wages War Against Low-Wage Non-Competes

Last week, the Attorney General of Illinois filed suit against Check Into Cash, LLC, alleging that the payday lender required its low-wage customer service employees to agree to illegal non-compete agreements in violation of Illinois law. The lawsuit is another example of the Attorney General’s fight against illegal non-competes and marks the first time the Attorney General has brought a claim under the Illinois Freedom to Work Act, 820 ILCS 90/1.

Chicago Adopts ‘Hands Off Pants On’ Law to Protect Hotel Workers from Sexual Harassment, Assault

To provide hospitality workers greater protections against sexual harassment and assault, the Chicago City Council passed the “Hands Off Pants On” Ordinance on October 11, 2017. The Ordinance requires all hotels in the City to adopt a panic button system and an anti-sexual harassment policy. The Ordinance was passed after months of lobbying efforts by local hospitality workers.

Will Illinois Ban Salary History Inquiries? Hang on for a Bumpy Override!

As the 2017 legislative session closed in Illinois, Governor Bruce Rauner vetoed several measures relating to labor and employment issues. He rejected a statewide minimum wage increase, for example, as well as a ban on salary history inquiries. Illinois employers should be aware, however, that the governor’s veto is not the end of this legislative roller coaster.

Illinois Nursing Home Faces Employee Class Action Based on State Biometric Privacy Act

Alleging that mandatory daily biometric fingerprint scans violate employees’ privacy rights under the Illinois Biometric Information Privacy Act (BIPA), employees of Paramount of Oak Park Rehabilitation & Nursing Center, LLC, have filed a putative class action against the nursing home.

City Council Passes “Hands Off, Pants On” and Automated External Defibrillator Ordinances for Chicago Hotels

On October 11, 2017, the Chicago City Council passed the so-called "Hands Off, Pants On" Ordinance requiring Chicago hotel employers to provide all housekeepers and restroom workers who work alone with mobile notification devises or “panic buttons” that summon hotel security or management to the employee’s location when he or she “reasonably believes that an ongoing crime, sexual harassment, sexual assault or other emergency is occurring in the employee's presence.” In passing the Ordinance, the City Council relied on, among other factors, a recent study that revealed nearly 50% of female housekeepers reported some form of sexual harassment from hotel guests. The Ordinance seeks to provide these employees with greater legal protection from sexual harassment by guests.

Employee Fingerprinting and the Illinois Biometric Information Privacy Act: Class Action Suits Filed

On September 29, 2017, a group of employees at Peacock Foods filed a class action lawsuit claiming that the company’s collection of employee fingerprints for time-tracking purposes violated the Illinois Biometric Information Privacy Act.

Illinois’s Responsible Job Creation Act Creates Additional Requirements for Staffing Agencies

Illinois’s Responsible Job Creation Act, which will become effective June 1, 2018, amends the Day and Temporary Labor Services Act with the goal of strengthening staffing industry regulation. There are around 800,000 temporary workers in Illinois who will be affected by the Act. Among other obligations discussed below, the Act imposes, on day and temporary labor service agencies, an obligation to “attempt to place a current temporary laborer into a permanent position with a [third-party] client when the client informs the agency of its plan to hire a permanent employee for a position like the positions for which employees are being provided by the agency at the same work location.”

Illinois to Create Online Employee Misclassification Complaint System

Employees in Illinois who claim they were misclassified as independent contractors soon will be able to file a complaint online. A new law requires the Illinois Department of Labor (IDOL) to create an online employee misclassification referral system on its website.