The Illinois Biometric Information Privacy Act (BIPA) has resulted in hundreds of class action cases against entities that employ biometric technology. The majority of these cases have been filed as putative class actions by employees who, for purposes of recording their time at work, scanned their fingers into a biometric time clock.
Many Illinois employers have defended these claims by arguing that claims for “injuries” arising from the use of biometric time clocks constitute a harm that can only be compensated through the Illinois Workers’ Compensation Act (IWCA), which provides an exclusive remedy for employees injured in the workplace.