Illinois Appellate Court Specifies BIPA Accrual of Statute of Limitations

On December 15, 2021, the First District of the Illinois Appellate Court decided a heavily litigated issue under the Illinois Biometric Information Privacy Act (BIPA): When does the statute of limitations to file suit under BIPA start to run? In more technical terms, when does a claim accrue under BIPA? In the first appellate court decision addressing this issue, Watson v. Legacy Healthcare Financial Services, LLC, the court held that BIPA claims accrue each time an entity captured biometrics in violation of BIPA.

The plaintiff in Watson brought a putative class action lawsuit under BIPA in the Circuit Court of Cook County, Illinois, alleging that the defendant did not comply with BIPA’s multiple procedural requirements in deploying a so-called biometric timeclock that scanned employees’ fingerprints or handprints. The trial court held that the statute of limitations for plaintiff’s BIPA claims was five years — a conclusion mostly consistent with a subsequent appellate court decision on this issue. It also concluded that plaintiff’s claims accrued with the first alleged biometric scan. Since plaintiff’s initial scan occurred more than five years before he filed suit, the court held his suit was time-barred.

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No Reprieve: New Title IX Regulations Take Effect as Scheduled

Educational institutions hoping for a last-minute reprieve from the new Title IX regulations scheduled to go into effect August 14 are out of luck. Earlier this week, the Southern District of New York denied a nationwide preliminary injunction sought by the state of New York to delay implementation of the new regulations (State of New York, et al. v. United States Department of Education, et al.).

And, just days later, the U.S. Department of Education (ED) defeated another preliminary injunction motion filed by 17 states and the District of Columbia in federal court in Washington, D.C. (Commonwealth of Pennsylvania, et al. v. Elisabeth DeVos, et al.). A third preliminary injunction motion is pending in the District of Massachusetts — however, earlier this month, the court there denied a motion to expedite a hearing, stating that “a prompt September hearing is fully appropriate.”

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Top Four Considerations for Employers Seeking to Enforce Restrictive Covenants During a Global Pandemic

The global coronavirus pandemic has had a multitude of effects on how employers conduct business and manage their workforces. But as employees start to return to work, employers must be mindful of how to address those who leave and potentially violate their noncompetition agreements. As we settle into the “new normal,” the Restrictive Covenant team with Faegre Drinker’s Labor & Employment group has identified four considerations for employers seeking to enforce restrictive covenants and protect trade secrets.

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Pennsylvania to Establish Small Business Loan Program for Businesses Impacted by COVID-19

On March 25, 2020, Governor Tom Wolf announced a $60 million COVID-19 Working Capital Access Program (CWCA), administered by the Pennsylvania Industrial Development Authority (PIDA), to provide loans of up to $100,000 for small businesses within the Commonwealth adversely impacted by the COVID-19 epidemic.

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“Hair Love” Coming to a Jurisdiction Near You

With the Oscar win for best animated short film, Hair Love shone a spotlight on California’s CROWN Act (Create a Respectful and Open World for Natural Hair), which prohibits discrimination based on natural hairstyles and textures. Bills addressing hairstyle discrimination are now pending in 21 statehouses around the country, with several municipalities considering their own legislation. With companion bills already pending in the U.S. Senate and House of Representatives, a version of the CROWN Act is likely to become law in a jurisdiction near you soon.

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New Amendment to the PA Background Check Requirements for Employees Who Have Contact with Children

Effective December 31, 2019, Pennsylvania amended section 6344(m) of the Child Protective Services Law (CPSL), which pertains to background checks for employees who have contact with children. Specifically, the amendment prohibits employers, administrators, supervisors or other persons responsible for employment decisions from employing applicants on a provisional basis absent a waiver from the department. Child day-care centers, group day-care homes or family child-care homes may apply for a one-time extension not to exceed 45 days only if the following conditions are met.

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