Wexler Boley & Elgersma is currently investigating claims relating to employer’s violations of biometric fingerprinting laws. One such case is being brought on behalf of current and former Wendy’s employees who allege that Wendy’s violated state law through its use of collecting and storing biometric fingerprints. Additional employers have allegedly violated Illinois’ Biometric Information Privacy Act, including steel maker Finkl & Sons, plastics manufacturer Amcor Ltd., Southwest Airlines, and Loews Chicago Hotel.
Under the Illinois Biometric Information Privacy Act (BIPA), companies doing business in Illinois are required to comply with a number of requirements regarding the collection, storage, and security of certain biometric information. According to the law, companies must obtain written consent from the individuals if the company intends to collect or disclose personal biometric identifiers, disclose the length of time those biometric identifiers will be used, and provide a timeline for the destruction of stored biometric identifiers.
Employees are alleging that their employers collect and store biometric fingerprint information at the time of hire for a variety of identification purposes, including but not limited to clocking in and out for shifts and accessing and unlocking cash registers. Employees maintain that their employers do not provide a written release form prior to collecting biometric information, nor do they specify how long biometric fingerprints will be stored or when they will be destroyed.
If a fingerprint database is hacked, breached, or otherwise exposed, employees are at risk of becoming victims of identity theft and unauthorized tracking.
If you or a loved one are a current or former employee of Wendy’s in Illinois—or any other Illinois employer—and have provided the company with biometric fingerprints, Contact Wexler Boley & Elgersma to discuss your potential case with our attorneys.