Class action: CTL Global violated BIPA, forced employees to scan faces to use with punch clock

By Noddy A. Fernandez | Jan 3, 2019

CHICAGO – A former employee of an Elk Grove Village company has brought a class action lawsuit against his employer, accusing the company of failing to obtain his written consent to scan his face, and the faces of other employees, for use with a biometric punch clock system.

Randy Rizzo, on behalf of himself and all other persons similarly situated, filed a complaint on Dec. 27 in Cook County Circuit Court against CTL Global Inc. over alleged violation of the Illinois Biometric Information Privacy Act and the Illinois Wage Payment and Collection Act.

According to the complaint, the plaintiff was employed by the defendant at its Elk Grove Village facility from mid-2017 to September 2018. He alleges beginning in early 2018, he and other hourly paid workers were forced to use a biometric time clock system to record their time worked, and this system required a scan of their facial geometry.

The plaintiff alleges the defendant collected, stored, used and transferred his unique biometric facial geometry identifiers without following the requirements of the BIPA law. He alleges the defendant did not obtain his written consent and did not inform him in writing of the length of time it would store and use his biometric information.

The plaintiff also alleges that the defendant failed to pay him for the monetary equivalent of earned vacation. He alleges he had 38 or 39 hours of accrued vacation when he left the defendant's employment.

The plaintiff requests a trial by jury and seeks award for monetary value, attorney fees, costs incurred, and further relief. He is represented by Douglas M. Werman, Maureen A. Salas, Sarah J. Arendt and Zachary C. Flowerree of Werman Salas PC in Chicago.

Cook County Circuit Court case number 18-CH-16018

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