On November 17, 2020, the Seventh Circuit held that allegations that a defendant violated Section 15(a) of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq.—which requires an employer that collects biometric information from its employees to develop, publicly disclose and comply with a data-retention schedule and guidelines for permanent
Class/Collective Action
Seventh Circuit Finds Article III Standing for an Illinois BIPA Claim
By Edward Young & Steven J. Pearlman on
On May 5, 2020, the Seventh Circuit held that allegations that a defendant violated the Illinois Biometric Information Privacy Act (“BIPA”) by collecting a biometric information without first obtaining informed consent constituted an “injury in fact” sufficient to confer Article III standing. Bryant v. Compass Group USA, Inc., No. 20-1443. Prior to this ruling,…
5th Circuit: Arbitration Available for Employee’s Collective Action Claims
By James W. Barnett & Nicole Eichberger on
On April 16, 2020, the Fifth Circuit held that an employee is entitled to arbitrate his federal labor law claims as a collective action on behalf of his coworkers against their employer, Sun Coast Resources, Inc. (“Sun Coast”). The Fifth Circuit affirmed both the district court’s and arbitrator’s decisions because the arbitration provision at issue…
Second Circuit Affirms Expansion of Gender Bias Class Action against Sterling Jewelers
By Jordan Glassberg & Mark W. Batten on
On November 18, 2019, the United States Court of Appeals for the Second Circuit revived a potentially sweeping class action against Sterling Jewelers, Inc. (“Sterling”), holding that potentially tens of thousands of female employees could take part in an arbitration class involving claims of sex discrimination. The Second Circuit’s holding is the latest in the…