Workers for an airline cargo company, which operates at Chicago’s O’Hare International Airport, could be in line for more than $1,000 each, through a settlement to end a class action lawsuit under Illinois’ biometric privacy law, accusing Alliance Ground International of improperly requiring workers to scan their fingerprints when punching the clock.
Lawyers who brought the lawsuit could receive up to 40% of the $1.64 million settlement, or $655,000.
Next week, a Cook County judge is scheduled to consider whether to grant final approval to the deal to end the lawsuit brought against Alliance Ground International on behalf of its workers in Illinois.
According to its website, Miami-based Alliance Ground International provides ground and ramp cargo handling services to more than 55 airlines at 13 U.S. airports, including O’Hare in Chicago. According to the website, airlines served include American Airlines, Delta, AeroMexico, British Airways, and others.
The company also provides ramp handling services for freight aircraft operating at O’Hare.
In 2017, attorneys with three Chicago class action law firms brought a complaint in Cook County Circuit Court against AGI, on behalf of AGI workers. The lawsuit accused the company of violating the Illinois Biometric Information Protection Act (BIPA.)
Lawyers who brought the lawsuit included Myles McGuire, Evan M. Meyers and Timothy P. Kingsbury, of McGuire Law P.C.; Kasif Khowaja, of The Khowaja Law Firm; and James X. Bormes, of the Law Office of James X. Bormes.
The complaint was substantially similar to hundreds of other class actions brought under the Illinois BIPA law in recent years against employers of all sizes and types in the state.
The lawsuit accused AGI of failing to abide by notice and consent provisions within the BIPA law, before requiring workers to scan their fingerprints on so-called biometric punch clocks to track their work hours.
Under the BIPA law, employers could face potentially massive damage awards, should such a case proceed to trial. The law allows plaintiffs to demand damages of up to $5,000 per violation. The law has been interpreted to define individual violations as each time employees scanned their fingerprints, meaning four or more violations per employee every day.
To close out the lawsuit more quickly, and avoid the risk of a big judgment, AGI agreed to pay more than $1.6 million.
Under the deal, workers who were employed by AGI in Illinois from 2013-2017, and who scanned their fingerprints on AGI’s timeclocks to track their work hours, can claim a share of the settlement.
Settlement documents posted online indicate workers could get $1,000-$2,000 each under the deal, depending on how many workers ultimately file claims.
In a motion filed in late April, attorneys for the plaintiffs indicated “hundreds” of claims had been filed to that point, with six weeks remaining before the June 1 claims deadline set by the judge.
Named plaintiff Cia A. Freeman-McKee was slated to receive $8,500 for serving as the lead class representative in the case.
Judge Anna H. Demacopolous granted preliminary approval to the settlement on March 9. The judge was scheduled to hold a final approval hearing for the settlement on June 15.
AGI has been represented by attorney Catherine A. Miller, of Akerman LLP, of Chicago.