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COOK COUNTY RECORD

Friday, March 29, 2024

Class action accuses Midwest Can of violating IL privacy law in making workers scan fingerprints to punch the clock

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CHICAGO — A Glen Ellyn man has filed a class action lawsuit against a Franklin Park maker of gas cans and other fuel containers, alleging it violated a state law in the way it required employees to scan their fingerprints when punching in and out of work shifts.

Michael Wydra, individually and on behalf of all others similarly situated, filed a class action complaint July 11 in Cook County Circuit Court against Midwest Can Company LLC and Container Specialties Inc., alleging violation of the Illinois Biometric Information Privacy Act.

According to the complaint, Wydra worked as a fabricator for the defendants from July 2017 to December 2018. The plaintiff says he was required to use a fingerprint scanner to clock in and out of work. 

The plaintiff says he and other workers were not properly notified by the company about how the company was storing workers' fingerprint scans, among other alleged violations of the Illinois BIPA law.

Wydra seeks statutory damages of $1,00-$5,000 in statutory damages, injunctive and other relief. He is represented by attorneys Margherita M. Albarello of Di Monte & Lizak LLC in Park Ridge, and by Alejandro Caffarelli and Madeline K. Engel of Caffarelli & Associates Ltd in Chicago.

Cook County Circuit Court case number 2019-CH-08185

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