On December 21, 2017 the Illinois Appellate Court for the Second District determined that an actual injury is required in order to state a cause of action under the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.). Rosenbach v. Six Flags Entertainment Corp. 2017 Illinois Appellate (2nd) 170317. In the Rosenbach case, plaintiff filed a class action lawsuit alleging that Six Flags was liable for violation of the Act because it did not obtain her permission to collect a thumb print of her son when he bought a season pass for the Great America theme park. In her complaint, plaintiff did not allege any actual harm or injury.
We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
A slew of new laws went into effect on January 1 in Illinois. Below are key labor and employment laws: SB3163 creates the Illinois Freedom to Work Act providing that no employer may enter into a covenant not to compete with any low-wage employee. Low-wage employee is defined as a wage earner making the greater of the applicable minimum wage or $13.00 per hour. HB3554 directs the Illinois Department of Labor to search for employees who have been harmed by unpaid wages so they may recover what they are owed.
Can an employer require an employee who is initiating a workers’ compensation claim to take a drug test?