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The new COVID-19 reality means that more employees around the world are now working from home. Some companies are transitioning to a permanent remote working model; others are looking at adjusting schedules so that a smaller number of employees are in the office at any time. As more employees work remotely, companies must grapple with

As Companies develop their reopening playbook, we know that many are considering instituting temperature screening procedures either as a precaution or because local Orders may require it. Here’s the *tl;dr* on temp checks (it’s okay if you need to look that up . . . some of us did too):

Temperature checks

As detailed in prior posts, in January, the Illinois Supreme Court held that a plaintiff need not plead an actual injury beyond a per se statutory violation to state a claim for statutory liquidated damages or injunctive relief under the Illinois Biometric Information Privacy Act (BIPA). While recent decisions applying BIPA have been largely Illinois-based, the Ninth Circuit recently applied BIPA in Patel v. Facebook to affirm a lower court’s ruling that plaintiffs in the ongoing Facebook BIPA class action alleged a concrete injury-in-fact to confer Article III standing and that the class was properly certified.

The Ninth Circuit is the first federal circuit court to conclude that a plaintiff alleging a BIPA violation has standing for purposes of Article III of the US Constitution. The ruling makes it easier for plaintiffs to certify BIPA class actions, within and outside of Illinois. 
Continue Reading The Ninth Circuit Clears The Way For BIPA Class Actions

Congratulations and special thanks to Lisa Brogan (Chair), Editor, and Contributors James Baker, Jordan Faykus, and Jenna Neumann for their contributions to the 2019 Edition of The ABA Business Law Section, Recent Developments In Business and Corporate Litigation; Chapter 20: ERISA.

Covered topics include:

  • US Supreme Court on church plan exemptions;
  • The standard of review

As previewed in our prior blog post, earlier this month Governor Gavin Newsom signed the “CROWN Act” (Create a Respectful and Open Workplace for Natural Hair) into law, making California the first state to ban discrimination against natural hairstyles associated with race. The CROWN Act takes effect on January 1, 2020.

Continue Reading A Hairy Situation For Employers: California’s CROWN Act

As we previously reported, in January, in Rosenbach v. Six Flags Entertainment Corp., the Illinois Supreme Court held that a plaintiff need not plead an actual injury beyond a per se statutory violation to state a claim for statutory liquidated damages or injunctive relief under the Illinois Biometric Privacy Act (BIPA).

(By way of reminder, the Illinois BIPA prohibits gathering biometric data such as fingerprints without notice and consent. It also requires data collectors adopt a written policy and a destruction policy for data which is no longer required.)

In the wake of Rosenbach, dozens more class actions have been filed in Illinois state courts. Following Rosenbach,plaintiffs can seek injunctive relief and statutory penalties under the BIPA on a class-wide basis. Despite the flurry of activity by the plaintiff’s bar over the past several years, Illinois courts have only recently started addressing such claims. The rulings since Rosenbach demonstrate a strong commitment not to deviate from the Illinois Supreme Court’s holding.
Continue Reading BIPA After Rosenbach — A Broad Interpretation By Illinois Courts

On January 25, 2019, the Illinois Supreme Court issued a highly anticipated decision, Rosenbach v. Six Flags Entertainment Corporate et al., extending the reach of the Illinois Biometric Information Privacy Act (BIPA). BIPA is an Illinois privacy law that regulates the collection, use, and retention of biometric data such as fingerprints, face, and eye scans by imposing procedural requirements on corporations that collect the data. Though not an employment case, the decision impacts employers using biometric time-keeping systems in Illinois.

Continue Reading Unanimous Case For Class Actions: Illinois Supreme Court Finds BIPA Violations Actionable Even Without “Actual Injury”

As we previously reported, New York State’s new sexual harassment prevention policy and training requirements take effect today, October 9, 2018.

After issuing draft documents in August, the State released final guidance clarifying the new requirements just last week, giving employers little time to get their ducks in a row before the October 9 deadline.


Continue Reading Effective Oct. 9, 2018: NY State Sexual Harassment Policy & Training Requirements

US Secretary of Labor, Alexander Acosta, recently announced the creation of a new office, the Office of Compliance Initiatives. The “OCI” will be tasked with promoting greater knowledge of federal labor laws and regulations through enhanced compliance assistance outreach efforts. The goal of the OCI initiative is to prevent workplace violations.

Continue Reading The DOL Creates A New Compliance Office And Announces Six New Opinion Letters

A recent decision by the National Labor Relations Board left experienced labor practitioners scratching their heads. In Tschiggfrie Properties Ltd. v. NLRB, a three-member panel of the Eighth Circuit did more.

The panel vacated the NLRB’s decision in a case involving an employee who was fired for abusing his employer’s Wi-Fi and for sleeping