Biometric Privacy Does Not Translate to Wage and Hour Violation
Plaintiffs filed a class action complaint alleging their employer violated the Biometric Information Privacy Act (“the Act”) in the way it collected, used, stored, and disclosed their fingerprints for timekeeping purposes. The employer filed a motion to compel arbitration based on the plaintiffs’ signed employment agreement requiring wage or hour violations to be submitted to an arbitrator. The Illinois Appellate Court held the Act is a privacy rights law that applies in and out of the workplace. Consequently, because an employer opts to use biometric data such as fingerprints for timekeeping purposes, this does not transform a complaint into a “wage or hour violation” claim. Thus, the court properly found the plaintiffs' claims were not subject to mandatory arbitration under employment agreement.