Old Dominion Freight Employee Sues for BIPA Violation in Time Clock Case
Old Dominion Freight Line’s Kronos time clock system required plaintiff John Kararo and other employees to scan, upload and use their fingerprints to use its time clock and track hours worked, alleged (docket 1:23-cv-02187) the plaintiff in a Thursday class…
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action U.S. District Court for Central Illinois in Peoria. Kararo, an Illinois resident, said the time clock system used, collected, stored and “otherwise obtained” his unique biometric identifiers without prior consent in violation of Illinois’ Biometric Information Privacy Act (BIPA). BIPA codified that individuals have a right to privacy concerning their biometric identifiers and biometric information, said the complaint, citing Illinois Supreme Court Case Rosenbach v. Six Flags. BIPA vests in individuals the right to control their biometric information by requiring notice before collection and giving them the power to say no by withholding consent, it said. Kararo seeks an order requiring Old Dominion to publish a public policy that identifies its data retention and destruction protocols; an order requiring it to destroy biometric identifiers and information after the initial purpose for collecting them has been satisfied; and awards for damages for negligent BIPA violations, plus reasonable attorneys’ fees and legal costs.