In June, an Illinois court ruled that a former employee’s suit against the White Castle restaurant chain, alleging violations of the 2008 Illinois Biometric Information Privacy Act, could proceed. The employee alleges the company required her to use a fingerprint scan to access a computer at the workplace without obtaining a release from the employee for doing so and that the company failed to disclose how the data would be used or shared. According to allegations in the case, the company deployed a biometric scanning system in 2007, prior to the passing of the BIPA law, but it was not until 2018, more than 10 years after the law was passed, that the company provided a consent form and posted data use information. The case serves as a strong example of the hidden compliance and privacy risks that can arise when regulations impacting already-deployed technology and processes are enacted.
Takeaway: The use of biometrics in the workplace will continue to raise questions about privacy. Employers should work with their internal teams to assess where information is being collected, how it is being processed, and who has access to that data. Monitoring the regulatory landscape is crucial for staying ahead of new rulings as they occur.
Canada: Don’t Depend on Arbitration Rules in Misclassification Suits
US: Employers Continue to Track the AB 5 Independent Contractor Law
US: Amid Setbacks, Supreme Court Takes a Step Forward on LGBTQ Worker Rights
US: Visas Suspended Through 2020
UK: IR35 Implementation Moved to April 2021
France: Government Considers New Protections for Gig Economy Workers
Netherlands: Government to Explore More Stringent Quality Controls for Staffing Agencies
EU: European Court of Justice Decision Invalidates Privacy Shield
Singapore: New Licensing Requirements for Employment Agencies Will Promote Fair Hiring
Australia: Court Finds Casual Worker Entitled to Paid Leave
India: The US H1-B Visa Ban Influences the Workforce, but Skills Remain in Demand
This update contains general information only, and AGS is not rendering legal advice. Before making any decision or taking any action that may affect your business, you should consult qualified legal counsel. AGS shall not be responsible for any loss whatsoever sustained by any person or company who relies on this update.