Alan S. Wernick Weighs in on Recent Decisions Concerning BIPA and Workers' Rights in ABA's Business Law Today and Month-In-Brief: Internet Law & Cyber-Security Sections


In the American Bar Association’s (ABA) Business Law Today publication and the Month-In-Brief: Internet Law & Cyber-Security section, Alan S. Wernick provided summaries and an analysis of recent updates to the Illinois Biometric Information Privacy Act’s (“BIPA”) evolving case law and their effects on both employers and employees.

Alan contributed an in-depth analysis in the ABA’s Business Law Today titled, “Biometric Information Privacy Act – Critical Interactions with Workers’ Compensation Act and Collective Bargaining Agreements: Two Recent Court Decisions Provide Insight,” in which he examined two February 2022 court decisions holding that:

  • The Illinois Workers’ Compensation Act’s (IWCA) exclusivity provisions do not prevent statutory damages claims under BIPA.
  • Unionized employees cannot bypass the union when pursuing BIPA violation claims.

In addition to keeping up to date with biometric privacy legislation, Alan emphasized throughout the article that employers subject to the IWCA or collective bargaining agreements who use or plan to use biometric processes should ensure they understand:
  • Compliance responsibilities
  • Employees’ rights
  • Liabilities under BIPA-type legislation

Read Alan’s analysis here.

Alan also discussed the recent BIPA updates throughout two articles in ABA’s Business Law Today Month-In-Brief: Internet Law & Cyber-Security section, where he offered an overview of the courts’ decisions and what employers can expect as a result.

Alan’s summaries can be found here.

Alan is a business transactions attorney and advocate, with a background in accounting and technology, focusing on matters of information technology, privacy/cybersecurity and intellectual property law. His in-depth experience as a seasoned legal counselor and advocate, arbitrator and mediator and as a bridge builder among business, technology and intellectual property communities is well respected by individuals across professional industries.

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