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Biometric Information Privacy Act-Getting Stranger And Stranger

By now, every Employer in the State of Illinois is aware of the Illinois Supreme Court Decision in the Rosenbach v. Six Flaggs Entertainment Corporation and the State Supreme Court interpretation that, under the context of the Illinois Biometric Privacy Act, a Plaintiff does not need to show an "actual injury" to process a claim, merely establishing that the Employer has not complied with the requirements of the Act." Those requirements are of informing Employees in writing of the specific policy for the collection of Biometric data; providing a retention schedule and guidance for permanent deletion of Biometric Information and, most importantly, procuring from the involved Employee a written release authorizing the collection of Biometric Information. If these procedures are not followed, the Employee would have a claim. As well, based on newspaper reports and an article written by this author for the Illinois Client Update, the State Legislature is considering "amending the Biometric Information Privacy Act to remove the private cause of action and make the Act solely enforceable by the Illinois Attorney General. Whether or not that Amendment will pass the Illinois Legislature is subject for debate since the Plaintiff's Lawyer's Bar seems to have a very close rapport with the Democratic Majority in the State House and Senate.

Key Changes to the Illinois Human Rights Act (Which Will Affect Employers)!

The Illinois Department of Human Rights ("IDHR") is the agency that administers the Illinois Human Rights Act ("IHRA"), the state law that outlaws discrimination, harassment and retaliation by most employers in Illinois. The IDHR's federal counterpart is the Equal Employment Opportunity Commission ("EEOC"), which administers the federal laws preventing the same type of violations.

Does Your Company Give Employees Personal Loans? Be Sure To Have Legal Wage Deduction Agreements!!

In Illinois, deductions from paychecks must be done very carefully. Illinois employers need to be aware of the tricky web of laws and regulations which often prevent the employer from simply deducting, unilaterally, from the employee's paycheck-even when the employer is merely paying the Company back for a loan taken out by the employee.

Can Illinois "Get It Right" For Business

As Employers with operations within the State of Illinois are keenly aware, the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.) prohibits a business from collecting and/or capturing and/or otherwise obtaining a person's "Biometric Identifier" or "Biometric Information" unless it satisfies specific policy creation and notice and consent from the involved Employees to collect the information.

Illinois Supreme Court's Decision on Biometric Information Privacy Act Opens Door to More Litigation

The Illinois Biometric Information Privacy Act ("BIPA") is yet another Illinois law drafted with ambiguities which beg, unfortunately, for litigation. Where a statute is drafted with holes of ambiguity, (and this one has many), it is up to the judiciary to fill those voids, and that, of course, means costly litigation. One ambiguity was recently clarified by the Illinois Supreme Court in Rosenbach v. Six Flags Entertainment Corporation. 2019 IL 123186. Rosenbach is bad news for employers.

Illinois Health Care Violence Prevention Act

Illinois is joining a growing number of States (e.g. California; Connecticut; Minnesota; New Jersey, and New York) in enacting specific legislation designated to address workplace violence in the Healthcare Industry. Effective January 1, 2019, the Health Care Violence Prevention Act (210 ILCS 160/1, et seq.) has become effective in the State of Illinois and mandates that hospitals and other healthcare providers and "custodial agencies" comply with very specific requirements aimed at protecting their workers from violence.

Reflections of a "Senior" Lawyer...

For some reason unknown to me (it can't possibly be my imminent 60th birthday), I have been receiving solicitations from the State Bar's "Senior Lawyers Division." Though I would like to think it is based on my vast experience, I have reason to believe it is more "temporal" in nature. So that got me thinking...

The Holidays Are A'Comin

Over the past few years, the author has written a "Holiday Article" to provide some guidance/legal insight into the somewhat complicated "Business Holiday Party". I have received numerous suggestions and/or recommendations (and some good natured kidding), but I am not deterred! It is never too early to begin planning for the Holiday Season of Calendar 2018!

With Justice Brett Kavanaugh Appointed To The United States Supreme Court, The Court Is Likely To Issue Pro-Employer Decisions In The Years To Come.

No matter what your political view is regarding Justice Kavanaugh's lifetime appointment to the U.S. Supreme Court, employers can expect Justice Kavanaugh to be a strict constructionist of the many labor and employment statutes that employers must abide by. Prior to being appointed to the high court, Justice Kavanaugh was appointed to the U.S. Court of Appeals for the District of Columbia Circuit in 2006 by President George W. Bush.

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