Information and guidance on every phase of employment
Q: Does a BIPA claim accrue each time a person’s biometrics are scanned or only with the first such scan?
A: A BIPA claim accrues with each scan.
On February 17, the Illinois Supreme Court issued its long-awaited decision in Cothron v. White Castle, holding that a claim under Illinois’ Biometric Information Privacy Act (BIPA) is triggered upon each biometric scan, rather than just the first. The court’s 4-3 decision significantly expands the exposure BIPA defendants face.
Q: Are California courts concerned about the manageability of actions under the Private Attorneys General Act (PAGA)?
A: Yes, on September 9, the California Court of Appeal agreed that a PAGA action was unmanageable, and it affirmed an order granting the employer’s motion to strike and dismiss the PAGA claim. In Wesson v. Staples the Office Superstore, LLC, the court held that trial courts have the inherent authority to ensure PAGA claims will be tried fairly and efficiently. The court ruled that this authority includes the ability to strike a PAGA claim “that cannot be rendered manageable.”
Q. Can my company require its employees to sign an arbitration agreement mandating that they arbitrate all employment disputes, and limiting their ability to participate in a class action against the company?
A. On May 21, in a 5-4 opinion, the U.S. Supreme Court ruled that arbitration agreements in which…
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