A Cook County judge will let a plaintiff, who has settled with a biometric time clock maker in a privacy class action suit, notify employees of businesses that used the biometric devices, of their right to settlement funds, despite the employers' fear plaintiffs' lawyers will enlist some of those employees to sue them, too.
Cook County Associate Judge David Atkins issued the decision in mid-March, as plaintiffs and vendor Workwell Technologies seek to wrap up a settlement deal.
In early 2019, Joey Muniz lodged a class action against Workwell, of Carlsbad, Calif., which makes biometric finger and facial scanners for employee time clocks. Muniz claimed Workwell, and a number of Illinois businesses that used its technology, did not comply with requirements of the Illinois Biometric Information Privacy Act (BIPA). Alleged violations included failure to obtain employees' written consent to collect their biometric data, according to Muniz.
Workwell and the businesses denied wrongdoing.
Muniz and Workwell, as well as the businesses, have agreed to a settlement. Workwell will set up a $900,000 fund to pay class members, plaintiff's lawyers and administrative costs. The businesses are going to contribute $1,000 per past and current employee who used the scanners, which will raise the settlement fund beyond the $900,000.
The names and number of businesses are not mentioned in the settlement documents.
The deal calls for anyone who used Workwell scanners between March 28, 2014 and April 8, 2019 at one of the businesses involved in the case, to receive $650. For heading the suit, Muniz gets $5,000, on top of his $650.
Muniz is represented by attorneys Jay Edelson, Ari Scharg and J. Eli Wade-Scott, of the Chicago firm of Edelson PC. David Fish, of Fish Law Firm in suburban Naperville, is also representing Muniz. These lawyers are to pick up 35 percent of the settlement fund, which now stands at $900,000. As a consequence, the lawyers would get at least $315,000.
The judge gave a preliminary nod to the settlement deal in January 2020. The two sides have been working to complete the deal, and gain final approval in the 14 months since.
However, as part of the administration of the settlement, Muniz's lawyers wanted to notify former and current employees of 10 companies that utilized the scanners, but which are not participating in the case. The businesses are: Johnson Development Co.; Abbott House; Bayside Terrace; H.Q.C. Inc.; Morningside Property Management; O'Keefe, Lyons and Hynes; Prime Wood Craft; Progressive Carriers, Co.; Rex Services, Inc.; and United States Cylinder Gas Corp.
To provide notification, Muniz's lawyers subpoenaed the companies for names and contact information for past and present personnel, but the companies resisted.
The companies contended that if employees who used the scanners learn of the Workwell suit, and see their employers did not take part in the settlement, they will sue the companies under BIPA.
Judge Atkins ordered the companies to comply with the subpoenas by April 14.
"The information sought is unequivocally relevant to this action" and "in order for class members to determine whether or not to claim their share, they must be informed of the action, the settlement, and their rights as class members," Atkins concluded.
Atkins added, "The Subpoena Recipients' concerns cannot supersede the rights of the prospective class members."
Atkins acknowledged that the companies' worries that they will end up being sued, are "not wholly without merit." However, Atkins said he did not believe the subpoenas are a "fishing expedition" by Muniz's attorneys for new clients in a new class action. Atkins explained contact information will be given directly to the settlement administrator and kept confidential, then be destroyed after settlement funds have been dispersed.
Workwell has been defended by Clark Hill PLC, a global firm headquartered in Detroit, which has a Chicago office.